Opinion
September 30, 1991
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the order is affirmed, with costs.
Contrary to the appellant's contention, we find that the Supreme Court properly awarded summary judgment to the plaintiff. In support of its motion for summary judgment, the plaintiff established its case as a matter of law through the production of the mortgage and the unpaid note (see, Marton Assocs. v. Vitale, 172 A.D.2d 501). It was thus incumbent upon the appellant to assert any defenses which could properly raise a question of fact as to his default on the mortgage (see, Marton Assocs. v. Vitale, supra; Lombardi v. Pisari, 77 A.D.2d 646). Upon our review of the record, we find that the appellant's bare and unsubstantiated allegation that the mortgage amortization schedule was not annexed to the mortgage note is contradicted by the express terms of the note, and is insufficient to create an issue of fact which would warrant a trial (see, Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175; City of New York v. Grosfeld Realty Corp., 173 A.D.2d 436; Marton Assocs. v. Vitale, supra).
We have examined the appellant's remaining contentions, and find that they are without merit. Harwood, J.P., Lawrence, Eiber and Balletta, JJ., concur.