Wall St. Mtge. Bankers v Gonzalez

Wall St. Mtge. Bankers v Gonzalez 2015 NY Slip Op 02420 Decided on March 24, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

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Wall St. Mtge. Bankers v Gonzalez

2015

ny

02420

14599N 380581/09

This opinion is uncorrected and subject to revision before publication in the printed Official Reports.

Decided on March 24, 2015

Mazzarelli, J.P., Friedman, Sweeny, Gische, Kapnick, JJ.

14599N 380581/09

[*1] Wall Street Mortgage Bankers,

Plaintiff-Respondent,

—

Socrates Gonzalez,

Defendant-Appellant,

New York City Environmental

Control Board, et al.,

Defendants.

David A. Bythewood, Mineola, for appellant.

Rosicki, Rosicki & Associates, P.C., Plainview (Owen M. Robinson of counsel), for

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 10, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on its mortgage foreclosure claim against defendant Socrates Gonzalez, unanimously affirmed, without costs.

Plaintiff made a prima facie showing of its right to foreclosure by producing the note, mortgage and evidence of nonpayment, and, in opposition, defendant failed to raise a triable issue regarding his affirmative defenses (see Red Tulip, LLC v Neiva, 44 AD3d 204, 209 [1st Dept 2007], lv dismissed 10 NY3d 741 [2008]). The court properly disregarded the mistake in the pleadings stating that plaintiff was a Delaware corporation (see CPLR 2001), and defendant otherwise failed to establish a triable issue regarding plaintiff's standing.

We have considered defendant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 24, 2015

CLERK