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COUNTRYWIDE HOME LOANS, INC., d/b/a AMERICA'S WHOLESALE LENDER, respondent, v. DENNIS BROWN, ET AL., defendants, WENDY BROWN, appellant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, there are no issues of fact as to whether she received a notice of default as required under the note and mortgage. The plaintiff's evidence established appropriate mailing of the required notice, which created a rebuttable presumption that the intended recipient actually received it. The appellant's simple denial of receipt was insufficient to rebut this presumption of delivery (see Sansone v. Cavallaro, 284 A.D.2d 817).

The appellant's remaining contentions are without merit.

SANTUCCI, J.P., SMITH, LUCIANO and MASTRO, JJ., concur.

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COUNTRYWIDE HOME LOANS, INC. v. BROWN
(May 27, 2003)