Opinion
2002-00722
Submitted February 3, 2003.
March 3, 2003.
In an action to foreclose a mortgage, the defendant Glen Cove One Stop Realty Corp. appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated October 24, 2000, which granted the plaintiff's motion for summary judgment on the complaint insofar as asserted against it and to dismiss its affirmative defenses and counterclaims.
Stuart R. Jablonski, Glen Cove, N.Y., for appellant.
Michael S. Feuer, New York, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff established its entitlement to judgment as a matter of law by submitting proof of the mortgage and proof of Glen Cove One Stop Realty Corp.'s [hereinafter the appellant] default (see M T Mortgage Corp. v. Ethridge, 300 A.D.2d 286 [2d Dept, Dec. 2, 2002]; EMC Mtge. Corp. v. Riverdale Assoc., 291 A.D.2d 370). In opposition, the appellant failed to raise a triable issue of fact. Its counterclaims alleging fraud failed to state a cause of action (see CPLR 3016[b]; Lama Holding Co. v. Smith Barney, 88 N.Y.2d 413, 421), and in any event, were time-barred (see CPLR 213).
The appellant's remaining contentions are either unpreserved for appellate review or without merit.
ALTMAN, J.P., S. MILLER, FRIEDMANN and McGINITY, JJ., concur.