| Wells Fargo Bank v Das Karla |
| 2010 NY Slip Op 02549 [71 AD3d 1006] |
| March 23, 2010 |
| Appellate Division, Second Department |
| Wells Fargo Bank, Respondent, v Thakur Das Karla, AlsoKnown as Thakur Das Kalra, et al., Appellants, et al., Defendant. |
—[*1] Rosicki, Rosicki & Associates, P.C., Plainview, N.Y. (Owen M. Robinson of counsel), forrespondent.
In an action to foreclose a mortgage, the defendants Thakur Das Karla, also known asThakur Das Kalra, also known as Thakar Das Karla, also known as Thakar Das Kalra, andPushpa Rani appeal, as limited by their brief, from stated portions of an order of the SupremeCourt, Nassau County (Mahon, J.), entered October 7, 2008, which, inter alia, granted theplaintiff's motion for summary judgment against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff met its initial burden of establishing its entitlement to judgment as a matter oflaw by producing the mortgage, the unpaid note, and the affidavit of its vice-president,evidencing the appellants' default in their payment obligations (see Capstone Bus. Credit,LLC v Imperia Family Realty, LLC, 70 AD3d 882; Eastern Sav. Bank, FSB vSassouni, 68 AD3d 917 [2009]; Wells Fargo Bank, N.A. v Webster, 61 AD3d 856[2009]). In response, the appellants failed to raise a triable issue of fact relating to any bona fidedefense to foreclosure (see Cochran Inv. Co., Inc. v Jackson, 38 AD3d 704 [2007];Mahopac Natl. Bank v Baisley, 244 AD2d 466 [1997]).
The appellants' remaining contentions are either raised for the first time on appeal and thusnot properly before this Court (see Sarva v Chakravorty, 34 AD3d 438, 439 [2006]), orwithout merit. Prudenti, P.J., Balkin, Leventhal and Austin, JJ., concur.