Opinion
2003-05348.
Decided March 29, 2004.
In an action to foreclose a mortgage, the defendant Paul Fabozzi appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated April 15, 2003, as granted those branches of the plaintiff's motion which were for summary judgment and to dismiss the counterclaim.
Epstein, Becker Green, P.C., New York, N.Y. (Eric R. Breslin of counsel), for appellant.
Alexander T. Singer, Brooklyn, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The mortgagee established her entitlement to judgment as a matter of law by presenting the mortgage, the unpaid mortgage note, and an affidavit attesting to the mortgagors' default ( see EMC Mtg. Corp. v. Riverdale Assoc., 291 A.D.2d 370; Federal Home Loan Mtge. Corp. v. Karastathis, 237 A.D.2d 558, 559). The affirmative defenses raised by the mortgagor are unfounded and, thus, were properly stricken by the Supreme Court ( see Fabozzi v. Coppa, A.D.3d [Appellate Division Docket No. 2003-01199; decided herewith]).
Moreover, the Supreme Court properly granted that branch of the motion which was to dismiss the counterclaim because it, too, was without merit, since another action between substantially the same parties involving the same cause of action was pending ( see CPLR 3211[a][4]; Fabozzi v. Coppa, supra).
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.