| Bayview Loan Servicing, LLC v 254 Church St., LLC |
| 2015 NY Slip Op 04598 [129 AD3d 650] |
| June 3, 2015 |
| Appellate Division, Second Department |
[*1](June 3, 2015)
| Bayview Loan Servicing, LLC,Respondent, v 254 Church Street, LLC, et al., Appellants., et al.,Defendants. |
Joseph R. Pisani, West Park, N.Y. (Richard C. Ebeling of counsel), forappellants.
Hiscock & Barclay, LLP, Syracuse, N.Y. (John M. Nichols and Jennifer M.S.Byrne of counsel), for respondent.
In an action to foreclose a mortgage, the defendants 254 Church Street, LLC, andJames R. Koltz appeal from an order of the Supreme Court, Dutchess County (Brands,J.), dated December 24, 2012, which granted the plaintiff's motion for summaryjudgment on the complaint.
Ordered that the order is affirmed, with costs.
"In moving for summary judgment in an action to foreclose a mortgage, a plaintiffestablishes its case as a matter of law through the production of the mortgage, the unpaidnote, and evidence of default" (Wells Fargo Bank, N.A. v Webster, 61 AD3d 856, 856[2009] [internal quotation marks and brackets omitted]). Here, the plaintiff sustained itsinitial burden of demonstrating its entitlement to judgment as a matter of law byproducing the note and the mortgage, and submitting evidence of default in payment (see Wells Fargo Bank, N.A. vDeSouza, 126 AD3d 965 [2015]; One W. Bank, FSB v DiPilato, 124 AD3d 735 [2015]). Inopposition, the defendants 254 Church Street, LLC, and James R. Koltz failed to raise atriable issue of fact relating to any bona fide defense to foreclosure (see Baron Assoc., LLC v GarciaGroup Enters., Inc., 96 AD3d 793, 793-794 [2012]). Furthermore, the SupremeCourt properly determined that RPAPL 1303 and 1304, statutes governing pleading andnotice requirements in connection with certain mortgages, were inapplicable to theinstant action (see MendelGroup, Inc. v Prince, 114 AD3d 732, 733 [2014]; Horizons Invs. Corp. vBrecevich, 104 AD3d 475 [2013]; cf. Independence Bank v Valentine, 113 AD3d 62, 66[2013]). Accordingly, summary judgment on the complaint was properly awarded to theplaintiff. Leventhal, J.P., Chambers, Roman and Hinds-Radix, JJ., concur.