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REPUBLIC NATIONAL BANK OF NEW YORK v. O'KANE

308 A.D.2d 482 (2003)

764 N.Y.S.2d 635

REPUBLIC NATIONAL BANK OF NEW YORK, Respondent, v. BRIAN P. O'KANE, Appellant, et al., Defendants.

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

Decided September 15, 2003.

Ordered that the order and judgment is affirmed, with costs.

"It is settled that in 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 evidence of default" (Village Bank v Wild Oaks Holding, 196 A.D.2d 812 [1993]; see also Federal Home Loan Mtge. Corp. v Karastathis, 237 A...

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