Republic National Bank v. O'Kane
Cases that cite this one
20 later published cases cite this decision.
- Assets Recovery 23, LLC v. Gasper (District Court, E.D. New York 2024)
- Gustavia Home, LLC v. Bent (District Court, E.D. New York 2018)
- Argent Mortgage Co. v. Mentesana (Appellate Division of the Supreme Court of New York 2010)
- Eastern Savings Bank, FSB v. Sassouni (Appellate Division of the Supreme Court of New York 2009)
- JPMorgan Chase Bank, N.A. v. Rosa (Appellate Division of the Supreme Court of New York 2019)
- Steve Dickerson v. Regions Bank (Tenn. Ct. App. 2014)
- Wachovia Bank, National Ass'n v. Carcano (Appellate Division of the Supreme Court of New York 2013)
- Wachovia Bank, National Ass'n v. Carcano (Appellate Division of the Supreme Court of New York 2013)
- Washington Mutual Bank v. Valencia (Appellate Division of the Supreme Court of New York 2012)
- Petra CRE CDO 2007-1, Ltd. v. 160 Jamaica Owners, LLC (Appellate Division of the Supreme Court of New York 2010)
- Washington Mutual Bank, F.A. v. O'Connor (Appellate Division of the Supreme Court of New York 2009)
- Neighborhood Housing Services of New York City, Inc. v. Meltzer (Appellate Division of the Supreme Court of New York 2009)
- Popular Financial Services, LLC v. Williams (Appellate Division of the Supreme Court of New York 2008)
- Aurora Loan Services, LLC v. Thomas (Appellate Division of the Supreme Court of New York 2008)
- Cochran Investment Co. v. Jackson (Appellate Division of the Supreme Court of New York 2007)
- Aames Funding Corp. v. Houston (Appellate Division of the Supreme Court of New York 2007)
- Marculescu v. Ovanez (Appellate Division of the Supreme Court of New York 2006)
- Gates v. Easy Living Homes, Inc. (Appellate Division of the Supreme Court of New York 2006)
- U.S. Bank Trust National Ass'n Trustee v. Butti (Appellate Division of the Supreme Court of New York 2005)
- Household Finance Realty Corp. v. Winn (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In a mortgage foreclosure action, the defendant Brian P. O’Kane appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Lally, J.), entered November 27, 2001, which, inter alia, upon a prior order of the same court entered January 12, 2001, granting the plaintiff’s motion for summary judgment, and a prior order of the same court entered May 21, 2001, denying the defendant’s motion for leave to reargue, and upon the referee’s report, granted the plaintiff’s motion for a judgment of foreclosure and sale.
Ordered that the order and judgment is affirmed, with costs.
“It is settled that 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” (Village Bank v Wild Oaks Holding, 196 AD2d 812 [1993]; see also Federal Home Loan Mtge. Corp. v Karastathis, 237 AD2d 558 [1997]; DiNardo v Patcam Serv. Sta., 228 AD2d 543 [1996]). The plaintiff produced the note and mortgage executed by the appellant, as well as evidence of nonpayment. Accordingly, it was incumbent upon the appellant to produce evidentiary proof in admissible form sufficient to require a trial of his defenses (see State Bank of Albany v Fioravanti, 51 NY2d 638, 647 [1980]; FGH Realty Credit Corp. v VRD Realty Corp., 231 AD2d 489, 490 [1996]). The appellant failed to do so. Therefore, the Supreme Court properly granted summary judgment to the plaintiff and, thereafter, the motion for a judgment of foreclosure and sale.
The appellant’s remaining contentions are without merit. Florio, J.P., S. Miller, McGinity and Adams, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.