Narrative Opinion Summary
Ralph Permahos appeals an order and judgment from the Supreme Court, Richmond County, which granted a motion for summary judgment in favor of the plaintiff to recover on a mortgage note and guarantee, while dismissing Permahos's counterclaim. The court affirmed the order, confirming that the plaintiff established a prima facie case by providing the mortgage note and guarantee, along with evidence of non-payment as required by the note's terms. The court found no merit in Permahos's other arguments and declined to impose sanctions. The decision was supported by Judges Rosenblatt, J.P., Ritter, Altman, and Krausman.
Legal Issues Addressed
Dismissal of Counterclaimssubscribe to see similar legal issues
Application: The court dismissed the defendant's counterclaim, signaling that it did not find any substantiated legal basis to counter the plaintiff's claims.
Reasoning: Ralph Permahos appeals an order and judgment from the Supreme Court, Richmond County, which granted a motion for summary judgment in favor of the plaintiff to recover on a mortgage note and guarantee, while dismissing Permahos's counterclaim.
Prima Facie Case in Mortgage Note Enforcementsubscribe to see similar legal issues
Application: In this case, the plaintiff's submission of the mortgage note and guarantee, along with proof of non-payment, constituted a sufficient prima facie case for enforcement.
Reasoning: The court affirmed the order, confirming that the plaintiff established a prima facie case by providing the mortgage note and guarantee, along with evidence of non-payment as required by the note's terms.
Refusal to Impose Sanctionssubscribe to see similar legal issues
Application: The court opted not to impose sanctions, indicating that the defendant's actions did not warrant such measures under the circumstances of the case.
Reasoning: The court found no merit in Permahos's other arguments and declined to impose sanctions.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court granted summary judgment to the plaintiff, indicating that the plaintiff successfully demonstrated a prima facie case with sufficient evidence.
Reasoning: The court affirmed the order, confirming that the plaintiff established a prima facie case by providing the mortgage note and guarantee, along with evidence of non-payment as required by the note's terms.