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Green Point Savings Bank v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 427 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the Supreme Court, Nassau County (Kutner, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff established its entitlement to summary judgment by offering proof of the appellant's mortgage and the appellant's default in payment ( see, Home Sav. Bank v. Schorr Bros. Dev. Corp., 213 A.D.2d 512; Citibank v. Pierre, 213 A.D.2d 443). The appellant was then required to assert any defenses which would raise a question of fact concerning her default on the mortgage ( see, Marine Midland Bank v. Freedom Rd. Realty Assocs., 203 A.D.2d 538; Sloane v. Gape, 191 A.D.2d 549). The appellant's conclusory and unsubstantiated assertions are not supported by competent evidence and are insufficient to defeat the plaintiff's motion ( see, Zuckerman v. City of New York, 49 N.Y.2d 557; Home Sav. Bank v. Schorr Bros. Dev. Corp., supra).

The appellant's remaining contentions are without merit. Sullivan, J.P., Copertino, Pizzuto and Florio, JJ., concur.


Summaries of

Green Point Savings Bank v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 427 (N.Y. App. Div. 1996)
Case details for

Green Point Savings Bank v. Thomas

Case Details

Full title:GREEN POINT SAVINGS BANK, Respondent, v. MARGARET THOMAS, Appellant, et…

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

Date published: Apr 8, 1996

Citations

226 A.D.2d 427 (N.Y. App. Div. 1996)
640 N.Y.S.2d 813

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