Mahopac National Bank v. Baisley
Court: Appellate Division of the Supreme Court of the State of New York; November 16, 1997; New York; State Appellate Court
In a foreclosure action regarding a mortgage on real property, defendants Timothy Baisley and Roger W. Simpson appealed a Supreme Court, Putnam County order dated September 25, 1996, which granted the plaintiff bank's motion for summary judgment. The appellate court affirmed the lower court's order, stating that the plaintiff met its burden of proof by establishing the existence of the mortgage and the defendants' default in payment. The burden then shifted to the defendants to show a triable issue of fact regarding a valid defense, such as waiver, estoppel, bad faith, fraud, or unconscionable conduct. However, the defendants' opposition did not present sufficient evidence to demonstrate any genuine factual issues regarding a bona fide defense against foreclosure. Consequently, the Supreme Court's decision to grant summary judgment in favor of the plaintiff was deemed appropriate.