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COAXUM v. GRANVILLE

Index No. 850149-19. Appeal No. 12847. Case No. 2020-02081.

190 A.D.3d 476 (2021)

135 N.Y.S.3d 812

2021 NY Slip Op 00108

Donald Coaxum, Appellant, v. Maria Granville, Respondent, et al., Defendants.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

Jason Chang , New York, for appellant.

The Law Office of Debra Hoskins, Queens Village ( Debra Hoskins of counsel), for respondent.

Concur— Acosta, P.J., Webber, González, Scarpulla, JJ.

Plaintiff met his prima facie burden 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 (see Wilmington Trust v Sukhu, 155 A.D.3d 591, 591-592 [1st Dept 2017]). Defendant raised a triable issue of fact regarding the June 2019 payment. Based on the disputed facts offered by the parties, it is submitted...

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