Green Point Savings Bank v. Thomas

Appellate Division of the Supreme Court of New York

Green Point Savings Bank v. Thomas

226 A.D.2d 427, 640 N.Y.S.2d 813, 1996 N.Y. App. Div. LEXIS 3544

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

DecidedApril 8, 1996

StatusPublished

Cited by1 cases

This text of 226 A.D.2d 427 (Green Point Savings Bank v. Thomas) 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

Green Point Savings Bank v. Thomas, 226 A.D.2d 427, 640 N.Y.S.2d 813, 1996 N.Y. App. Div. LEXIS 3544 (N.Y. Ct. App. 1996).

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Opinion

In an action to foreclose a mortgage, the defendant Margaret Thomas appeals from a judgment of foreclosure and sale of the Supreme Court, Nassau County (Kutner, J.), entered November 7, 1994, which is in favor of the plaintiff in the principal sum of $126,305.09.

Ordered that the judgment is affirmed, with costs.

The plaintiff established its entitlement to summary judgment by offering proof of the appellant’s mortgage and the appellant’s default in payment (see, Home Sav. Bank v Schorr Bros. Dev. Corp., 213 AD2d 512; Citibank v Pierre, 213 AD2d 443). The appellant was then required to assert any defenses which would raise a question of fact concerning her default on the mortgage (see, Marine Midland Bank v Freedom Rd. Realty Assocs., 203 AD2d 538; Sloane v Gape, 191 AD2d 549). The appellant’s conclusory and unsubstantiated assertions are not supported by competent evidence and are insufficient to defeat the plaintiff’s motion (see, Zuckerman v City of New York, 49 NY2d 557; Home Sav. Bank v Schorr Bros. Dev. Corp., supra).

The appellant’s remaining contentions are without merit. Sullivan, J. P., Copertino, Pizzuto and Florio, JJ., concur.

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In an action to foreclose a mortgage, the defendant Margaret Thomas appeals from a judgment of foreclosure and sale of the Supreme Court, Nassau County (Kutner, J.), entered November 7, 1994, which is in favor of the plaintiff in the principal sum of $126,305.09.

Ordered that the judgment is affirmed, with costs.

The plaintiff established its entitlement to summary judgment by offering proof of the appellant’s mortgage and the appellant’s default in payment (see, Home Sav. Bank v Schorr Bros. Dev. Corp., 213 AD2d 512; Citibank v Pierre, 213 AD2d 443). The appellant was then required to assert any defenses which would raise a question of fact concerning her default on the mortgage (see, Marine Midland Bank v Freedom Rd. Realty Assocs., 203 AD2d 538; Sloane v Gape, 191 AD2d 549). The appellant’s conclusory and unsubstantiated assertions are not supported by competent evidence and are insufficient to defeat the plaintiff’s motion (see, Zuckerman v City of New York, 49 NY2d 557; Home Sav. Bank v Schorr Bros. Dev. Corp., supra).

The appellant’s remaining contentions are without merit. Sullivan, J. P., Copertino, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

226 A.D.2d 427, 640 N.Y.S.2d 813, 1996 N.Y. App. Div. LEXIS 3544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-point-savings-bank-v-thomas-nyappdiv-1996.

Opinion

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