Opinion
March 13, 1995
Appeal from the Supreme Court, Nassau County (McCarty, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff established its entitlement to summary judgment in this action to foreclose on the appellants' mortgage by offering proof of the mortgage and a default in payment (see, Dime Sav. Bank v. Rand, 204 A.D.2d 261; European Am. Bank v. Strab Constr. Corp., 196 A.D.2d 479). It was incumbent upon the appellants to establish, by proof in admissible form, the existence of a triable issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Mlcoch v. Smith, 173 A.D.2d 443). They failed to do so. Therefore, summary judgment was properly granted.
The appellants' remaining contentions are without merit. Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.