Friesch-Groningsche Hypotheekbank Realty Credit Corp. v. Brooke Associates
This text of 211 A.D.2d 696 (Friesch-Groningsche Hypotheekbank Realty Credit Corp. v. Brooke Associates) 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.
Opinion
In an action to foreclose a mortgage, the defendant Brooke Associates appeals from an order of the Supreme Court, Nassau County (Molloy, J.), entered July 16, 1993, which granted the plaintiffs motion for summary judgment.
Ordered that the order is affirmed, with costs.
The plaintiff established its prima facie entitlement to summary judgment by offering proof of the existence of a mortgage and the defendant’s default thereon. Thus, upon the defendant’s failure to establish, by admissible evidence, that a triable issue of fact existed, the Supreme Court properly granted the plaintiffs motion (see, Prudential Ins. Co. v Hamilton Plaza Co., 209 AD2d 498). Miller, J. P., Joy, Krausman and Goldstein, JJ., concur.
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Cite This Page — Counsel Stack
211 A.D.2d 696, 621 N.Y.S.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friesch-groningsche-hypotheekbank-realty-credit-corp-v-brooke-associates-nyappdiv-1995.