| Rimbambito, LLC v Lee |
| 2014 NY Slip Op 03998 [118 AD3d 690] |
| June 4, 2014 |
| Appellate Division, Second Department |
[*1]
| Rimbambito, LLC, Respondent, v BernadetteLee, Appellant, et al., Defendants. |
Annette G. Hasapidis, South Salem, N.Y., for appellant.
Michael C. Manniello, P.C., Westbury, N.Y., for respondent.
In an action to foreclose a mortgage, the defendant Bernadette Lee appeals from anorder of the Supreme Court, Kings County (Vaughn, J.), dated January 18, 2012, whichgranted the plaintiff's motion, inter alia, for summary judgment on the complaint and forthe appointment of a referee to compute the amount due to the plaintiff.
Ordered that the order is affirmed, 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 evidence of theappellant's default in her payment obligations (see People's United Bank v Hallock Landing Assoc., LLC, 114AD3d 835 [2014]; MendelGroup, Inc. v Prince, 114 AD3d 732 [2014]; Washington Mut. Bank v Schenk, 112 AD3d 615 [2013]).In response, the appellant failed to raise a triable issue of fact relating to any bona fidedefense to foreclosure (seePeople's United Bank v Hallock Landing Assoc., LLC, 114 AD3d 835 [2014];Bank of Smithtown v 219 SaggMain, LLC, 107 AD3d 654, 655 [2013]).
The appellant's remaining contentions are either improperly raised for the first timeon appeal or without merit.
Accordingly, the Supreme Court properly granted the plaintiff's motion, inter alia, forsummary judgment on the complaint and for the appointment of a referee to compute theamount due to the plaintiff. Rivera, J.P., Lott, Miller and Duffy, JJ., concur.