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WITELSON v. JAMAICA ESTATES HOLDING CORP.

40 A.D.3d 284 (2007)

835 N.Y.S.2d 179

SZLAMA WITELSON et al., Appellants, et al., Plaintiffs, v. JAMAICA ESTATES HOLDING CORP. I et al., Respondents, et al., Defendants.

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

Decided May 8, 2007.

Even assuming the cross motion was timely filed, it was properly denied. A prima facie showing to warrant summary judgment foreclosure of a mortgage requires the movant to establish the existence of the mortgage and mortgage note, ownership of the mortgage, and the defendant's default in payment (Campaign v Barba, 23 A.D.3d 327 [2005]). These plaintiffs do not have a note, have not demonstrated ownership of the mortgage and have...

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