| Emigrant Mtge. Co., Inc. v Turk |
| 2010 NY Slip Op 01915 [71 AD3d 721] |
| March 9, 2010 |
| Appellate Division, Second Department |
| Emigrant Mortgage Company, Inc., Respondent, v BarryTurk et al., Defendants, and Carol Catusco Turk, Appellant. |
—[*1] Deutsch & Schneider, LLP, Glendale, N.Y. (Joshua Deutsch of counsel), forrespondent.
In an action to foreclose a mortgage, the defendant Carol Catusco Turk appeals, as limitedby her brief, from (1) so much of an order of the Supreme Court, Suffolk County (Tanenbaum,J.), dated January 13, 2009, as granted the plaintiff's motion for summary judgment on thecomplaint insofar as asserted against her, and (2) so much of an order of the same court, alsodated January 13, 2009, as denied her cross motion, in effect, pursuant to CPLR 3408 (a) toschedule a settlement conference.
Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.
The plaintiff Emigrant Mortgage Company, Inc. (hereinafter Emigrant), established its primafacie entitlement to judgment as a matter of law by submitting the relevant mortgage, theunderlying note, and evidence of a default (see Cochran Inv. Co., Inc. v Jackson, 38 AD3d 704, 704-705[2007]; Household Fin. Realty Corp. ofN.Y. v Winn, 19 AD3d 545, 546 [2005]; Miller Planning Corp. v Wells, 253AD2d 859 [1998]). In opposition, the appellant failed to raise a triable issue of fact. Accordingly,the Supreme Court properly granted Emigrant's motion for summary judgment on the complaintinsofar as asserted against the appellant.
The Supreme Court properly denied the appellant's cross motion, in effect, pursuant to CPLR3408 (a) to schedule a settlement conference. Inasmuch as the subject mortgage was not a"subprime . . . home loan" as defined in RPAPL 1304, the appellant was notentitled to a settlement conference (see CPLR 3408 [a]). Fisher, J.P., Angiolillo,Leventhal and Lott, JJ., concur.