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Fleet Mortgage Corp. v. Rebich

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 518 (N.Y. App. Div. 1996)

Opinion

May 20, 1996

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).


Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the plaintiff sustained its initial burden of demonstrating its entitlement to judgment as a matter of law ( see, Marine Midland Bank v. Freedom Rd. Realty Assocs., 203 A.D.2d 538; LBV Props. v. Greenport Dev. Co., 188 A.D.2d 588, 589). It thus became incumbent upon the defendant to allege facts in opposition which, if true, constitute a meritorious defense ( see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 182; Red Rock Holdings v. Mandel, 220 A.D.2d 495). Giving the defendant the benefit of every favorable inference (see, Red Rock Holdings v Mandel, supra), he has failed to establish the existence of factual issues pertaining to the defenses of waiver and estoppel. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment. Rosenblatt, J.P., Miller, Pizzuto and Goldstein, JJ., concur.


Summaries of

Fleet Mortgage Corp. v. Rebich

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 518 (N.Y. App. Div. 1996)
Case details for

Fleet Mortgage Corp. v. Rebich

Case Details

Full title:FLEET MORTGAGE CORP., Respondent, v. THEODORE REBICH, JR., Appellant, et…

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

Date published: May 20, 1996

Citations

227 A.D.2d 518 (N.Y. App. Div. 1996)
643 N.Y.S.2d 385

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