Rimbambito, LLC v. Lee

Annette G. Hasapidis, South Salem, N.Y., for appellant. Michael C. Manniello, P.C., Westbury, N.Y., for respondent.

In an action to foreclose a mortgage, the defendant Bernadette Lee appeals from an order of the Supreme Court, Kings County (Vaughn, J.), dated January 18, 2012, which granted the plaintiff's motion, inter alia, for summary judgment on the complaint and for the appointment of a referee to compute the amount due to the plaintiff.

ORDERED that the order is affirmed, with costs.

The plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by producing the subject mortgages, the unpaid notes, and evidence of the appellant's default in her payment obligations ( see People's United Bank v. Hallock Landing Assoc., LLC, 114 A.D.3d 835, 980 N.Y.S.2d 797;Mendel Group, Inc. v. Prince, 114 A.D.3d 732, 980 N.Y.S.2d 519;Washington Mut. Bank v. Schenk, 112 A.D.3d 615, 975 N.Y.S.2d 902). In response, the appellant failed to raise a triable issue of fact relating to any bona fide defense to foreclosure ( see People's United Bank v. Hallock Landing Assoc., LLC, 114 A.D.3d 835, 980 N.Y.S.2d 797;Bank of Smithtown v. 219 Sagg Main, LLC, 107 A.D.3d 654, 655, 968 N.Y.S.2d 95).

The appellant's remaining contentions are either improperly raised for the first time on appeal or without merit.

Accordingly, the Supreme Court properly granted the plaintiff's motion, inter alia, for summary judgment on the complaint and for the appointment of a referee to compute the amount due to the plaintiff. RIVERA, J.P., LOTT, MILLER and DUFFY, JJ., concur.