BERNSTEIN v. DUBROVSKY

8320. 850081/17.

169 A.D.3d 410 (2019)

91 N.Y.S.3d 692

2019 NY Slip Op 00835

Daniel Bernstein, Respondent, v. Luiza Dubrovsky, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 5, 2019.


Plaintiff met his prima facie burden in this foreclosure action by producing the mortgage documents and evidence of defendant's default, shifting the burden to defendant to raise a triable issue of fact regarding her affirmative defenses to foreclosure (Fortress Credit Corp. v Hudson Yards, LLC, 78 A.D.3d 577 [1st Dept 2010]). Her affirmative defenses, however, are precluded by a forbearance agreement in which defendant waived any...

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