Appellate Division of the Supreme Court of New York, 1995

Friesch-Groningsche Hypotheekbank Realty Credit Corp. v. Brooke Associates

Friesch-Groningsche Hypotheekbank Realty Credit Corp. v. Brooke Associates
Appellate Division of the Supreme Court of New York · Decided January 23, 1995
211 A.D.2d 696; 621 N.Y.S.2d 897
Friesch-Groningsche Hypotheekbank Realty Credit Corp. v. Brooke Associates

Opinion of the Court

In an action to foreclose a mortgage, the defendant Brooke Associates appeals from an order of the Supreme Court, Nassau County (Molloy, J.), entered July 16, 1993, which granted the plaintiffs motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff established its prima facie entitlement to summary judgment by offering proof of the existence of a mortgage and the defendant’s default thereon. Thus, upon the defendant’s failure to establish, by admissible evidence, that a triable issue of fact existed, the Supreme Court properly granted the plaintiffs motion (see, Prudential Ins. Co. v Hamilton Plaza Co., 209 AD2d 498). Miller, J. P., Joy, Krausman and Goldstein, JJ., concur.

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