Wall Street Mortgage Bankers v. Gonzalez

126 A.D.3d 602, 3 N.Y.S.3d 596

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 24, 2015
• Docket: 14599N 380581/09
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 10, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for summary judgment on its mortgage foreclosure claim against defendant Socrates Gonzalez, unanimously affirmed, without costs.

Plaintiff made a prima facie showing of its right to foreclosure by producing the note, mortgage and evidence of nonpayment, and, in opposition, defendant failed to raise a triable issue regarding his affirmative defenses (see Red Tulip, LLC v Neiva, 44 AD3d 204, 209 [1st Dept 2007], lv dismissed 10 NY3d 741 [2008]). The court properly disregarded the mistake in the pleadings stating that plaintiff was a Delaware corporation (see CPLR 2001), and defendant otherwise failed to establish a triable issue regarding plaintiffs standing.

We have considered defendant’s remaining contentions and find them unavailing.

Concur — Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.