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DEUTSCHE BANK NATL. TRUST CO. v. CLARK

2018-11283. Index No. 19199/11.

187 A.D.3d 1142 (2020)

131 N.Y.S.3d 571

2020 NY Slip Op 06101

Deutsche Bank National Trust Company, Respondent, v. Carrie Clark et al., Defendants, and Peter Strugatz, Appellant.

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

Decided October 28, 2020.

Ordered that the order is affirmed insofar as appealed from, with costs.

We affirm. The defendant's "simple denial of receipt [of a RPAPL 1304 notice], without more, is insufficient to establish prima facie entitlement to judgment as a matter of law dismissing the complaint for failure to comply with the requirements of RPAPL 1304" (Citibank, N.A. v Conti-Scheurer, 172 A.D.3d 17, 24 [2019]; see PennyMac Corp. v Khan, 178 A.D.3d 1064, 1066 [2019];

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