| Horizons Invs. Corp. v Brecevich |
| 2013 NY Slip Op 01514 [104 AD3d 475] |
| March 12, 2013 |
| Appellate Division, First Department |
| Horizons Investors Corp., Respondent, v JohnBrecevich et al., Appellants, et al., Defendants. |
—[*1] Chris Mills, New York, for respondent.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered October 26,2011, which, to the extent appealed from as limited by the briefs, in this mortgageforeclosure action, granted plaintiff's motion for summary judgment and denied the crossmotion of defendants John Brecevich also known as Giovanni Brecevich and RosemaryBrecevich to dismiss the complaint, unanimously affirmed, with costs.
Plaintiff demonstrated its prima facie entitlement to judgment as a matter of law bysubmitting proof of the mortgage and evidence of default, and defendants failed to comeforward with evidence sufficient to raise an issue of fact as to an available defense (see e.g. CitiFinancial Co. [DE] vMcKinney, 27 AD3d 224 [1st Dept 2006]). The motion court properlydetermined that the statutes governing pleading and notice requirements and mandatingsettlement conferences in foreclosure actions on certain home loans were inapplicable tothe instant action (see RPAPL 1302, 1303, 1304, 1320; CPLR 3408; see also Pritchard v Curtis, 101AD3d 1502, 1504 n 1 [3d Dept 2012]). Nor did defendants raise an issue of fact thatthe subject loan was usurious or that plaintiff acted with unclean hands or in bad faith byrecording the deed upon defendants' default. Concur—Mazzarelli, J.P., Saxe,DeGrasse, Manzanet-Daniels and Clark, JJ.