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FIRST TRUST NATIONAL ASSOCIATION, as Trustee, Respondent, v. MARK PINTER et al., Appellants, et al., Defendants.

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

The plaintiff established its entitlement to judgment as a matter of law through the production of the mortgages and notes, evidence of the defendants' default, the assignment of the mortgage documents to it, and the agreement dated June 23, 1994 ( see, Votta v. Votta Enters., 249 A.D.2d 536; Village Bank v. Wild Oaks Holding, 196 A.D.2d 812). Since the defendants failed to raise a triable issue of fact as to any defense, the plaintiff was entitled to summary judgment ( see, Village Bank v. Wild Oaks Holding, supra).

Santucci, J. P., Krausman, Florio and H. Miller, JJ., concur.

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FIRST TRUST NATIONAL ASSOCIATION v. PINTER
(Aug 23, 1999)