COUNTRYWIDE HOME LOANS INC v. Wendy Brown, appellant.

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

COUNTRYWIDE HOME LOANS, INC., d/b/a America's Wholesale Lender, respondent, v. Dennis BROWN, et al., defendants, Wendy Brown, appellant.

Decided: May 27, 2003

FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO and WILLIAM F. MASTRO, JJ. Torre Lentz Gamell Gary & Rittmaster, LLP, Jericho, N.Y. (Kevin M. Gary of counsel), for appellant. Eschen & Frenkel, LLP, Bay Shore, N.Y. (Linda P. Manfredi of counsel), for respondent.

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 plaintiff's 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 plaintiff's evidence established appropriate mailing of the required notice, which created 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 A.D.2d 817, 727 N.Y.S.2d 516).

The appellant's remaining contentions are without merit.

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