PATERSON v. RODNEY

ORDERED that the order is affirmed, with costs.

The plaintiffs established their entitlement to judgment as a matter of law by producing the mortgage and mortgage note, along with evidence of default by the appellant (see, Kowalski Enters. v. Sem Intl., 250 A.D.2d 648). This shifted the burden to the appellant to show the existence of a triable factual issue (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The appellant's unsubstantiated and conclusory assertion that the mortgage was usurious was insufficient to defeat the plaintiffs' motion for summary judgment (see, LaGreco v. Pafundi, 181 A.D.2d 660).

FRIEDMANN, J.P., FLORIO, SMITH and COZIER, JJ., concur.