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DEUTSCHE BANK NATL. TRUST CO. v. DESILVA

9932, 850251/13.

175 A.D.3d 1221 (2019)

106 N.Y.S.3d 872

2019 NY Slip Op 06872

Deutsche Bank National Trust Company, Respondent, v. Anthony Craig Desilva, Also Known as Anthony De Silva, Appellant,

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

Decided September 26, 2019.

Attorney(s) appearing for the Case

Mark M. Horowitz , Great Neck, for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains ( Sarah J. Greenberg of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.

Plaintiff established prima facie its right to foreclosure by submitting the unpaid note, the mortgage, and defendant's answer in which he does not dispute his failure to pay and the plaintiff's service on him of the notice required by RPAPL 1304 (see Bernstein v Dubrovsky, 169 A.D.3d 410 [1st Dept 2019]). Contrary to plaintiff's contention, defendant Desilva's failure to plead affirmative defenses in his answer did not preclude...

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