| People's United Bank v Hallock Landing Assoc., LLC |
| 2014 NY Slip Op 01154 [114 AD3d 835] |
| February 19, 2014 |
| Appellate Division, Second Department |
| People's United Bank, Respondent, v HallockLanding Associates, LLC, et al., Appellants, et al.,Defendants. |
—[*1] Jaspan Schlesinger LLP, Garden City, N.Y. (Frank C. Dell'Amore of counsel), forrespondent.
In an action to foreclose a mortgage, the defendants Hallock Landing Associates,LLC, Wolfe Miller, and Salvatore Malguarnera appeal, as limited by their brief, from somuch of an order of the Supreme Court, Suffolk Court (Whelan, J.), dated March 7,2012, as granted that branch of the plaintiff's motion which was for summary judgmenton the complaint insofar as asserted against them and dismissing their affirmativedefenses and counterclaims, and appointed a referee to compute the amount due to theplaintiff.
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 amatter of law by producing the subject mortgages, the unpaid notes, and an affidavit ofits vice-president, evidencing the appellants' default in their payment obligations (see Bank of Smithtown v 219 SaggMain, LLC, 107 AD3d 654, 655 [2013]; Baron Assoc., LLC v Garcia Group Enters., Inc., 96 AD3d793 [2012]; Argent Mtge.Co., LLC v Mentesana, 79 AD3d 1079 [2010]; Wells Fargo Bank v Das Karla,71 AD3d 1006 [2010]). In response, the appellants failed to raise a triable issue offact relating to any bona fide defense to foreclosure (see Bank of Smithtown v 219Sagg Main, LLC, 107 AD3d at 655; Wells Fargo Bank v Das Karla, 71AD3d at 1006). The assertions in the affidavit of the appellant Salvatore Malguarnera,submitted in opposition to the motion, did not raise a triable issue of fact as to whetherthe doctrines of promissory estoppel or equitable estoppel acted to bar the foreclosureaction (see Bank of Smithtown v 219 Sagg Main, LLC, 107 AD3d at 655;Baron Assoc., LLC v Garcia Group Enters., Inc., 96 AD3d at 793). Mastro, J.P.,Chambers, Lott and Miller, JJ., concur.