U.S. Bank Natl. Assn. v Hemingway
2003 NY Slip Op 51341(U)
Decided on October 1, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Mortgages—Foreclosure

Decided on October 1, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., RUDOLPH and SKELOS, JJ.
NO. 2002-1019 W C

U.S. BANK NATIONAL ASSOCIATION, et al. Respondents, -

against

GEARLENE HEMINGWAY, Appellant.


[*2]Appeal by occupant from an order of the City Court of Yonkers, Westchester County (M. D'Allessio, J.) , entered on June 18, 2002, granting petitioner's motion for summary judgment.


Order unanimously affirmed without costs.

Petitioner is the purchaser in foreclosure of the premises located at 33 Empire Street, Yonkers, New York. It commenced a special proceeding pursuant to RPAPL 713 (5) seeking to recover possession of said premises from the occupant. Upon review of the record on appeal, we find that the petitioner's motion for summary judgment was properly granted upon proof of the 10-day notice to quit, the referee's deed and the supporting affidavit. The occupant's conclusory allegations in opposition to the motion fail to raise a triable issue of fact warranting a trial.
Decision Date: October 01, 2003