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EMC MORTGAGE CORPORATION v. RIVERDALE ASSOCIATES

291 A.D.2d 370 (2002)

737 N.Y.S.2d 114

EMC MORTGAGE CORPORATION, Respondent, v. RIVERDALE ASSOCIATES et al., Appellants, et al., Defendants.

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

Decided February 4, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

"[I]n moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and the evidence of default" (Republic Natl. Bank of N.Y. v Zito, 280 A.D.2d 657, 658; see, IMC Mtge. Co. v Griggs, 289 A.D.2d 294

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