AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

MARINE MIDLAND BANK, RESPONDENT, v. MARILYN FILLIPPO, APPELLANT, CARMINE FILLIPPO, ET AL., DEFENDANTS.

DECISION ORDER

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

The plaintiff established its entitlement to summary judgment as a matter of law by submitting the mortgage, a stipulation in which the appellant ratified the mortgage, and proof of nonpayment of the loan (see, LBV Props. v. Greenport Dev. Co., 188 A.D.2d 588, 589). The appellant's conclusory and unsubstantiated assertions in opposition to the motion were insufficient to raise a triable issue of fact (see, Yasuda Bank Trust Co. [U.S.A.] v. Oree, 233 A.D.2d 391; Marine Midland Bank v. Freedom Rd. Realty Assocs., 203 A.D.2d 538; LBV Props. v. Greenport Dev. Co., supra). Accordingly, the Supreme Court properly granted those branches of the plaintiff's motion which were for summary judgment against the appellant, and to dismiss the appellant's affirmative defenses and counterclaims.

Use AI to get other relevant cases.

Comments

MARINE MIDLAND BANK v. FILLIPPO
(Oct 16, 2000)