Opinion
June 15, 1993
Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).
The record demonstrates plaintiff made a prima facie case of entitlement to foreclosure of the entire property secured by a 1986 mortgage based on its production of the relevant documents and the undisputed fact that defendant had defaulted in its obligation to make payments of principal and interest (see, e.g., Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 183). Although a separate agreement exists between the parties which allowed defendant the right to have a commercial parking lot on the subject property released from the lien upon compliance under specified conditions, defendant clearly failed to satisfy such conditions. Moreover, defendant's claims of waiver and estoppel are unsupported, and we perceive no need for discovery to develop a record on its counterclaims (see, European Am. Bank v. Lofrese, 182 A.D.2d 67, 74).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Rubin and Nardelli, JJ.