Opinion

Countrywide Home Loans, Inc. v. Brown

  • 305 A.D.2d 626
  • 760 N.Y.S.2d 200
  • 2003 N.Y. App. Div. LEXIS 5931
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 27, 2003
Status
Published
Cited by
5 cases
Authority
More cited than 73.7%

The opinion

—In an action to foreclose a mortgage, the defendant Wendy Brown appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered December 2, 2002, as granted the plaintiffs motion for summary judgment on the issue of liability against her, and denied her cross motion for summary judgment dismissing the complaint insofar as asserted against her.

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 plaintiffs evidence established appropriate mailing of the required notice, which ere *627 ated 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 AD2d 817 [2001]).

The appellant’s remaining contentions are without merit. Santucci, J.P., Smith, Luciano and Mastro, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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