Majority
In an action to foreclose a mortgage, the defendants 254 Church Street, LLC, and James R. Koltz appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated December 24, 2012, which granted the plaintiff’s motion for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
“In 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” (Wells Fargo Bank, N.A. v Webster, 61 AD3d 856 , 856 [2009] [internal quotation marks and brackets omitted]). Here, the plaintiff sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by producing the note and the mortgage, and submitting evidence of
Leventhal, J.P., Chambers, Roman and Hinds-Radix, JJ., concur.
Cases cited
- One West Bank, FSB v. DiPilato 124 AD3d 735 p. 651
- Baron Associates, LLC v. Garcia Group Enterprises, Inc. 96 AD3d 793 at 793-794 p. 651
- Mendel Group, Inc. v. Prince 114 AD3d 732 at 733 p. 651
- Independence Bank v. Valentine 113 AD3d 62 at 66 p. 651