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Car-Rol Funding Corp. v. Castronovo
Citation: 2019 NY Slip Op 90Docket: 2016-07250
Court: Appellate Division of the Supreme Court of the State of New York; January 8, 2019; New York; State Appellate Court
Original Court Document: View Document
In Car-Rol Funding Corp. v. Castronovo, the Appellate Division, Second Department, reversed a lower court's order that denied summary judgment for the plaintiffs, Car-Rol Funding Corp. and James Gordon, in a mortgage foreclosure action against defendant John Castronovo. The case stemmed from a 2006 promissory note for $475,000 secured by a mortgage on Brooklyn property. After defaulting on payments, the defendant entered a loan modification agreement in 2009 but subsequently failed to make payments due thereafter. The plaintiffs initiated foreclosure proceedings in 2010. The Supreme Court had found that "issues of fact exist," leading to the denial of the plaintiffs' motion for summary judgment. However, the Appellate Division determined that the plaintiffs established their prima facie case by providing sufficient documentation, including the mortgage, promissory note, loan modification agreement, and evidence of default. The court noted that the defendant did not raise a triable issue of fact in his opposition. Furthermore, the defendant had waived his right to assert defenses related to the note in the modification agreement. Consequently, the Appellate Division granted the plaintiffs' motion for summary judgment against the defendant.