Opinion
2017–09371 Index No. 49442/09
01-15-2020
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellant, v. Jason MENDICK, Respondent, et al., Defendants.
Duane Morris LLP, New York, N.Y. (Brett L. Messinger of counsel), for appellant. Fred M. Schwartz, Smithtown, N.Y., for respondent.
Duane Morris LLP, New York, N.Y. (Brett L. Messinger of counsel), for appellant.
Fred M. Schwartz, Smithtown, N.Y., for respondent.
ALAN D. SCHEINKMAN, P.J., SHERI S. ROMAN, COLLEEN D. DUFFY, BETSY BARROS, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (C. Randall Hinrichs, J.), dated June 27, 2017. The order, insofar as appealed from, granted that branch of the defendant Jason Mendick's cross motion which was to dismiss the complaint insofar as asserted against him.
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 of law dismissing the complaint insofar as asserted against him (see Citibank, N.A. v. Conti–Scheurer, 172 A.D.3d 17, 23–24, 98 N.Y.S.3d 273 ).
SCHEINKMAN, P.J., ROMAN, DUFFY and BARROS, JJ., concur.