Opinion
June 20, 1995
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
In this mortgage foreclosure action, the unrefuted documentary evidence conclusively establishes the mortgage as well as the default, plaintiff's right to seek foreclosure on that basis and the lack of conditions impeding that right ( First Natl. Bank v J. J. Milano, 160 A.D.2d 670, lv denied 76 N.Y.2d 702; Snyder v Potter, 134 A.D.2d 664). Thus, plaintiff has established, prima facie, its right to summary judgment ( Greater N.Y. Sav. Bank v 2120 Realty, 202 A.D.2d 248). The court properly rejected as irrelevant defendant's explanation that an unrelated drug enforcement action by the City, which was not a party to the mortgage agreement, resulting in one of the commercial units being padlocked, decreased defendant's revenue and led to the default; this is not a defense to the foreclosure action ( see, New York State Mtge. Loan Enforcement Admin. Corp. v. Arbor Hill Houses, 180 A.D.2d 926, lv dismissed 80 N.Y.2d 925, lv denied 83 N.Y.2d 752; Neubauer v. Smith, 40 A.D.2d 790). Finally, the court properly gave effect to the right reserved to plaintiff in the mortgage agreement to the appointment of a receiver, without notice (Real Property Law § 254). We have considered defendant's remaining contentions and find them to be meritless.
Concur — Murphy, P.J., Wallach, Ross, Nardelli and Williams, JJ.