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PATERSON v. RODNEY

285 A.D.2d 453 (2001)

727 N.Y.S.2d 333

JOHN PATERSON et al., Respondents, v. MEXIETA RODNEY, Appellant, et al., Defendants.

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

Decided July 2, 2001.

Ordered that the order is affirmed, with costs.

The plaintiffs established their entitlement to judgment as a matter of law by producing the mortgage and mortgage note, along with evidence of default by the appellant (see, Kowalski Enters. v Sem Intl., 250 A.D.2d 648). This shifted the burden to the appellant to show the existence of a triable factual issue (see, Zuckerman v City of New York, 49 N...

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