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SLOANE v. GAPE

191 A.D.2d 549 (1993)

595 N.Y.S.2d 108

Ira P. Sloane, Respondent, v. Cyril L. Gape, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1993

Ordered that the judgment is affirmed, with costs.

In his motion for summary judgment, the plaintiff established his case as a matter of law through the production of the mortgage and unpaid note. The defendant was then required to assert any defenses which would raise a question of fact as to his default on the mortgage (see, LBV Props. v Greenport Dev. Co., 188 A.D.2d 588

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