Ordered that the order is affirmed, with costs.
The defendant Greenpoint Mortgage Funding, Inc. (hereinafter Greenpoint), which is not a party to this appeal, loaned the defendant Terence Thomas the sum of $430,000. This loan was secured by two mortgages that Thomas duly executed and delivered to Greenpoint. The first mortgage, in the principal amount of $344,000, was assigned by Greenpoint to the plaintiff, Aurora Loan Services, LLC (hereinafter Aurora).
Aurora established its prima facie entitlement to judgment as a matter of law by submitting the first mortgage, the unpaid note, and evidence of default ( see U.S. Bank Trust N.A. Trustee v Butti, 16 AD3d 408; Republic Natl. Bank of N.Y. v O'Kane, 308 AD2d 482). In opposition, however, Thomas raised triable issues of fact concerning his affirmative defenses and counterclaims alleging fraud, bad faith, and a violation of General Business Law § 349, which precluded the granting of summary judgment to the plaintiff ( see Popular Fin. Servs., LLC v Williams, 50 AD3d 660; U.S. Bank Natl. Assn. TR U/S 6/01/98 [Home Equity Loan Trust 1998-2] v Alvarez, 49 AD3d 711).
Aurora's remaining contentions are without merit.