Narrative Opinion Summary
In the case of James B. Nutter Co. v. Feintuch, the Appellate Division, Second Department, upheld the Supreme Court, Nassau County's decision to grant summary judgment in favor of the plaintiff, James B. Nutter Co., in a mortgage foreclosure action against the defendant, acting as successor trustee of a living trust. The plaintiff sought foreclosure on a reverse mortgage, providing documentation of the mortgage, unpaid note, and an affidavit from its vice president evidencing default due to non-payment of real estate taxes and insurance. The defendant opposed the motion and cross-moved for dismissal, arguing failure to present a triable issue of fact. However, the court found the defendant's opposition insufficient, granting the plaintiff's motion and denying the defendant's cross-motion. On appeal, the Appellate Division unanimously affirmed the decision, supporting the referral to a referee for computing the due amount and potential sale of the property in parcels. The court further awarded costs to the plaintiff, reinforcing procedural correctness and entitlement to summary judgment in foreclosure proceedings.
Legal Issues Addressed
Appellate Review of Summary Judgmentsubscribe to see similar legal issues
Application: The Appellate Division upheld the lower court's decision, confirming that the summary judgment was appropriate and procedural requirements were met.
Reasoning: The Appellate Division affirmed the lower court's order, confirming the summary judgment and the referral to a referee to compute the amount due and to consider whether the property should be sold in parcels.
Burden of Proof for Triable Issues of Factsubscribe to see similar legal issues
Application: The defendant failed to present a triable issue of fact to counter the plaintiff's evidence, resulting in the affirmation of summary judgment in favor of the plaintiff.
Reasoning: The court found that the defendant did not present a triable issue of fact in opposition to the plaintiff’s evidence.
Costs in Mortgage Foreclosure Proceedingssubscribe to see similar legal issues
Application: The court awarded costs to the plaintiff as part of the affirmation of summary judgment.
Reasoning: Costs were awarded to the plaintiff.
Summary Judgment in Mortgage Foreclosure Actionssubscribe to see similar legal issues
Application: The plaintiff successfully obtained summary judgment by providing the necessary mortgage documents, an unpaid note, and an affidavit detailing the default.
Reasoning: To establish entitlement to summary judgment in a mortgage foreclosure, the plaintiff provided the mortgage documents, the unpaid note, and an affidavit from its vice president detailing the default due to non-payment of real estate taxes and hazard insurance.