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WELLS FARGO BANK, N.A. v. WEBSTER

61 A.D.3d 856 (2009)

877 N.Y.S.2d 200

WELLS FARGO BANK, N.A., Respondent, v. SCOTT E. WEBSTER et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 21, 2009.

Ordered that the judgment is affirmed, with costs.

"`[I]n moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default'" (Republic Natl. Bank of N.Y. v O'Kane, 308 A.D.2d 482 [2003], quoting Village Bank v Wild Oaks Holding, 196 A.D.2d 812, 812...

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