Opinion
2002-00347
Submitted June 11, 2003.
September 15, 2003.
In a mortgage foreclosure action, the defendant Brian P. O'Kane appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Lally, J.), entered November 27, 2001, which, inter alia, upon a prior order of the same court entered January 12, 2001, granting the plaintiff's motion for summary judgment, and a prior order of the same court entered May 21, 2001, denying the defendant's motion for leave to reargue, and upon the referee's report, granted the plaintiff's motion for a judgment of foreclosure and sale.
Brian P. O'Kane, Hempstead, N.Y., appellant pro se.
Stein Sheidlower, LLP, Carle Place, N.Y. (Gerald Roth of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
"It is settled that in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default" (Village Bank v. Wild Oaks Holding, 196 A.D.2d 812; see also Federal Home Loan Mtge. Corp. v. Karastathis, 237 A.D.2d 558; DiNardo v. Patcam Serv. Sta., 228 A.D.2d 543) . The plaintiff produced the note and mortgage executed by the appellant, as well as evidence of nonpayment. Accordingly, it was incumbent upon the appellant to produce evidentiary proof in admissible form sufficient to require a trial of his defenses ( see State Bank of Albany v. Fioravanti, 51 N.Y.2d 638, 647; FGH Realty Credit Corp. v. VRD Realty Corp., 231 A.D.2d 489, 490). The appellant failed to do so. Therefore, the Supreme Court properly granted summary judgment to the plaintiff and, thereafter, the motion for a judgment of foreclosure and sale.
The appellant's remaining contentions are without merit.
FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.