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morning the artist may it please the court my name is michael smith and the attorney for the appellant Jewish Bank National Trust Company and I would like to reserve five minutes are you with the DPW legal Im with Baker Donaldson DPW is on via Pelham side okay and your name was Michael Smith okay thank you thank you your honor you arent your honors this is the appeal of an order of dismissal at a motion for summary judgment in a foreclosure proceedings a mortgage foreclosure proceedings and it is our contention that the trial court erred in granting the motion for summary judgment in three particulars one that the bar were Barry Patterson waived the defense of failure to comply with the conditions proceeded to that the court improperly resolved material issues of fact in this order granted summary judgment and three that the bdocHub letter which the court found was not in compliance actually did comply with the terms of the mortgage Id like to briefly go over the procedural history a