Matter of Wells Fargo Bank, N.A. v Papailias

Holding The Appellate Division affirmed the summary judgment in favor of the plaintiff, finding that the plaintiff adequately established the defendant’s default, compliance with statutory notice requirements, and standing. The court also affirmed the dismissal of the defendant’s affirmative defenses, deeming them refuted, conclusory, or abandoned.

The court’s words

Plaintiff adequately established defendant George Papailias's default.

2026 NY Slip Op 05922, at the official text

Defendant's sworn denial of receipt did not, standing alone, raise a question of fact as to non-delivery

2026 NY Slip Op 05922, at the official text

the defenses were properly dismissed as either refuted by plaintiff's proof or because they were otherwise conclusory

2026 NY Slip Op 05922, at the official text