Maspeth Federal Savings & Loan Ass'n v. Rebecca Ovadia Enterprises, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; December 7, 1997; New York; State Appellate Court
In the foreclosure action involving Rebecca Ovadia Enterprises, Inc., the appellant appeals two decisions from the Supreme Court, Queens County. The first is a March 19, 1997 order that granted the plaintiff's motion for summary judgment, and the second is a May 14, 1997 order that denied the appellant's motion for reargument. The appeal concerning the May 14 order is dismissed because no appeal is permissible from an order denying reargument. The March 19 order is affirmed, and the plaintiff is awarded one bill of costs. The court reiterates that, to succeed in a summary judgment motion in mortgage foreclosure cases, a plaintiff must provide the mortgage, the unpaid note, and evidence of default. Once this is established, the burden shifts to the defendant to present any defenses that could create a genuine issue of fact regarding the default. The plaintiff successfully demonstrated its entitlement to judgment as a matter of law, and the appellant failed to present evidence of any triable issues of fact. The decision was concurred by Justices Rosenblatt, Ritter, Altman, and Florio.