First American Funding, LLC v. Nelson

Appellate Division of the Supreme Court of New York

First American Funding, LLC v. Nelson

137 A.D.3d 743, 25 N.Y.S.3d 891

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 2, 2016

Docket2014-04963

StatusPublished

This text of 137 A.D.3d 743 (First American Funding, LLC v. Nelson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First American Funding, LLC v. Nelson, 137 A.D.3d 743, 25 N.Y.S.3d 891 (N.Y. Ct. App. 2016).

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Opinion

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated February 10, 2014, which denied its motion for summary judgment on the complaint, and for an order of reference.

*744 Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, the plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by producing the subject mortgage, the unpaid note, and an affidavit of its employee evidencing the default of the defendant Carol Nelson in her payment obligations under the subject home equity line of credit loan (see Sperry Assoc. Fed. Credit Union v Alexander, 116 AD3d 759 [2014]). In opposition, Nelson raised a triable issue of fact with regard to the validity of her signature on the loan documents (see TD Bank, N.A. v Piccolo Mondo 21st Century, Inc., 98 AD3d 499, 500 [2012]; see also Banco Popular N. Am. v Victory Taxi Mgt., 1 NY3d 381, 384 [2004]). Accordingly, the Supreme Court properly denied the plaintiff’s motion for summary judgment on the complaint, and for an order of reference.

The parties’ remaining contentions either are without merit or need not be reached in light of our determination.

Mastro, J.P., Leventhal, Austin and LaSalle, JJ., concur.

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In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated February 10, 2014, which denied its motion for summary judgment on the complaint, and for an order of reference.

*744 Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, the plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by producing the subject mortgage, the unpaid note, and an affidavit of its employee evidencing the default of the defendant Carol Nelson in her payment obligations under the subject home equity line of credit loan (see Sperry Assoc. Fed. Credit Union v Alexander, 116 AD3d 759 [2014]). In opposition, Nelson raised a triable issue of fact with regard to the validity of her signature on the loan documents (see TD Bank, N.A. v Piccolo Mondo 21st Century, Inc., 98 AD3d 499, 500 [2012]; see also Banco Popular N. Am. v Victory Taxi Mgt., 1 NY3d 381, 384 [2004]). Accordingly, the Supreme Court properly denied the plaintiff’s motion for summary judgment on the complaint, and for an order of reference.

The parties’ remaining contentions either are without merit or need not be reached in light of our determination.

Mastro, J.P., Leventhal, Austin and LaSalle, JJ., concur.

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Bluebook (online)

137 A.D.3d 743, 25 N.Y.S.3d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-american-funding-llc-v-nelson-nyappdiv-2016.

Opinion

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