145 Glen Cove Realty Corp. v. Glen Cove One Stop Realty Corp.

Appellate Division of the Supreme Court of New York

145 Glen Cove Realty Corp. v. Glen Cove One Stop Realty Corp.

303 A.D.2d 391, 755 N.Y.S.2d 646, 2003 N.Y. App. Div. LEXIS 2141

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 3, 2003

StatusPublished

This text of 303 A.D.2d 391 (145 Glen Cove Realty Corp. v. Glen Cove One Stop Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

145 Glen Cove Realty Corp. v. Glen Cove One Stop Realty Corp., 303 A.D.2d 391, 755 N.Y.S.2d 646, 2003 N.Y. App. Div. LEXIS 2141 (N.Y. Ct. App. 2003).

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Opinion

—In an action to foreclose a mortgage, the defendant Glen Cove One Stop Realty Corp. appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated October 24, 2000, which granted the plaintiffs motion for summary judgment on the complaint insofar as asserted against it and to dismiss its affirmative defenses and counterclaims.

Ordered that the order is affirmed, with costs.

The plaintiff established its entitlement to judgment as a matter of law by submitting proof of the mortgage and proof of Glen Cove One Stop Realty Corp.’s [hereinafter the -appellant] default (see M & T Mtge. Corp. v Ethridge, 300 AD2d 286 [2002]; EMC Mtge. Corp. v Riverdale Assoc., 291 AD2d 370 [2002]). In opposition, the appellant failed to raise a triable issue of fact. Its counterclaims alleging fraud failed to state a cause of action (see CPLR 3016 [b]; Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996]), and in any event, were time-barred (see CPLR 213 [8]).

The appellant’s remaining contentions are either unpreserved for appellate review or without merit. Altman, J.P., S. Miller, Friedmann and McGinity, JJ., concur.

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—In an action to foreclose a mortgage, the defendant Glen Cove One Stop Realty Corp. appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated October 24, 2000, which granted the plaintiffs motion for summary judgment on the complaint insofar as asserted against it and to dismiss its affirmative defenses and counterclaims.

Ordered that the order is affirmed, with costs.

The plaintiff established its entitlement to judgment as a matter of law by submitting proof of the mortgage and proof of Glen Cove One Stop Realty Corp.’s [hereinafter the -appellant] default (see M & T Mtge. Corp. v Ethridge, 300 AD2d 286 [2002]; EMC Mtge. Corp. v Riverdale Assoc., 291 AD2d 370 [2002]). In opposition, the appellant failed to raise a triable issue of fact. Its counterclaims alleging fraud failed to state a cause of action (see CPLR 3016 [b]; Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996]), and in any event, were time-barred (see CPLR 213 [8]).

The appellant’s remaining contentions are either unpreserved for appellate review or without merit. Altman, J.P., S. Miller, Friedmann and McGinity, JJ., concur.

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Bluebook (online)

303 A.D.2d 391, 755 N.Y.S.2d 646, 2003 N.Y. App. Div. LEXIS 2141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/145-glen-cove-realty-corp-v-glen-cove-one-stop-realty-corp-nyappdiv-2003.

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