Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant Jason Mendick's cross motion which was to dismiss the complaint insofar as asserted against him is denied.
The bare denial by the defendant Jason Mendick of receipt of a notice of default, required to be served by the terms of the mortgage, and a notice required by RPAPL 1304 is insufficient to establish his prima facie entitlement to judgment as matter...
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