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CAMPAIGN v. BARBA

Appellate Division of the Supreme Court of New York, Second Department.
Nov 7, 2005
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Ordered that the order is affirmed, with costs.

To establish a prima facie case in an action to foreclose a mortgage, the plaintiff must establish the existence of the mortgage and mortgage note, ownership of the mortgage, and the defendant's default in payment ( see Household Fin. Realty Corp. of N.Y. v. Winn, 19 AD3d 545; Sears Mtge. Corp. v. Yaghobi, 19 AD3d 402; Ocwen Fed. Bank FSB v. Miller, 18 AD3d 527; U.S. Bank Trust N.A. Trustee v. Butti, 16 AD3d 408). Here, the plaintiff established his prima facie entitlement to judgment as a matter of law. However, in opposition, the defendant Rosalie Barba raised a triable issue of fact.