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WELLS FARGO BANK, N.A. v. BALLARD

2017-01239, Index No. 709085/15.

172 A.D.3d 1440 (2019)

102 N.Y.S.3d 229

2019 NY Slip Op 04225

Wells Fargo Bank, National Association, As Trustee for Lehman Mortgage Trust Mortgage Pass-through Certificates, Series 2007-1, Respondent, v. Joseph Ballard, Sr., As Executor of the Estate of Eileen Wurster, Also Known As Eileen E. Wurster, Deceased, Appellant, et al., Defendants.

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

Decided May 29, 2019.

Ordered that the judgment of foreclosure and sale is affirmed, with costs.

Generally, in moving for summary judgment, a plaintiff in a mortgage foreclosure action establishes its prima facie entitlement to judgment as a matter of law by producing the mortgage, the unpaid note, and evidence of the default (see James B. Nutter & Co. v Feintuch, 164 A.D.3d 485, 486 [2018]; Onewest Bank, N.A. v Mahoney,

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