"'In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default'" (BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d 960, 962, quoting Tri-State Loan Acquisitions III, LLC v Litkowski, 172 A.D.3d 780, 782; see U.S. Bank Trust, N.A. v Smith, 217 A.D.3d 899, 899). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (see U.S. Bank Trust, N.A. v Smith, 217 A.D.3d at 900; BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d at 962).

In an order entered September 24, 2019, the Supreme Court, inter alia, granted those branches of the plaintiff's motion. " ‘In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default’ " ( BNH Milf, LLC v. Milford St. Props., LLC, 192 A.D.3d 960, 962, 146 N.Y.S.3d 166, quoting Tri–State Loan Acquisitions III, LLC v. Litkowski, 172 A.D.3d 780, 782, 100 N.Y.S.3d 356 ). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (seeBNH Milf, LLC v. Milford St. Props., LLC, 192 A.D.3d at 962, 146 N.Y.S.3d 166 ; US Bank N.A. v. Hunte, 176 A.D.3d 894, 896, 110 N.Y.S.3d 53 ).

DeLoney appeals. " ‘In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default’ " ( BNH Milf, LLC v. Milford St. Props., LLC, 192 A.D.3d 960, 962, 146 N.Y.S.3d 166, quoting Tri–State Loan Acquisitions III, LLC v. Litkowski, 172 A.D.3d 780, 782, 100 N.Y.S.3d 356 ). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (seeBNH Milf, LLC v. Milford St. Props., LLC, 192 A.D.3d at 962, 146 N.Y.S.3d 166 ; US Bank N.A. v. Hunte, 176 A.D.3d 894, 896, 110 N.Y.S.3d 53 ).

"'In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default'" (BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d 960, 962, quoting Tri-State Loan Acquisitions III, LLC v Litkowski, 172 A.D.3d 780, 782). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (see BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d at 962; US Bank N.A. v Hunte, 176 A.D.3d 894, 896). Among other things

"'In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default'" (BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d 960, 962, quoting Tri-State Loan Acquisitions III, LLC v Litkowski, 172 A.D.3d 780, 782). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (see BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d at 962; US Bank N.A. v Hunte, 176 A.D.3d 894, 896). Among other things

DeLoney appeals. "'In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default'" (BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d 960, 962, quoting Tri-State Loan Acquisitions III, LLC v Litkowski, 172 A.D.3d 780, 782). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (see BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d at 962; US Bank N.A. v Hunte, 176 A.D.3d 894, 896).

DeLoney appeals. "'In moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default'" (BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d 960, 962, quoting Tri-State Loan Acquisitions III, LLC v Litkowski, 172 A.D.3d 780, 782). The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (see BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d at 962; US Bank N.A. v Hunte, 176 A.D.3d 894, 896).

"Generally, in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default" ( U.S. Bank N.A. v. Ramanababu, 202 A.D.3d 1139, 1141, 163 N.Y.S.3d 254 [internal quotation marks omitted]). "A default is established by (1) an admission made in response to a notice to admit, (2) an affidavit from a person having personal knowledge of the facts, or (3) other evidence in admissible form" ( BNH Milf, LLC v. Milford St. Props., LLC, 192 A.D.3d 960, 962, 146 N.Y.S.3d 166 [internal quotation marks omitted]). Here, in support of its motion, the plaintiff submitted, among other things, the affidavit of Christy Vieau, a document execution associate for the plaintiff, who, based upon her review of business records, attested to Alam's default in payment.

On November 16, 2021, plaintiff renewed its motion to compel defendants to respond to its D&I and for ancillary relief. As relevant herein, plaintiffs motion, as renewed, includes a "specific demand to Milf, LLC v Milford St. Prop., LLC, 2019 NY Slip Op 71062 [U]). Thereafter, the property was conveyed to a third party by a referee's deed.

Moreover, the Supreme Court should have denied those branches of U.S. Bank's motion which were for summary judgment on the complaint insofar as asserted against the borrower, for an order of reference, and to amend the caption to substitute U.S. Bank as the plaintiff. A plaintiff moving for summary judgment in an action to foreclose a mortgage establishes its prima facie case by producing the note, the mortgage, and evidence of default (see U.S. Bank Trust, N.A. v Smith, 217 A.D.3d 899, 899; BNH Milf, LLC v Milford St. Props., LLC, 192 A.D.3d 960, 962). "Where the plaintiff's standing to commence the action is placed in issue by a defendant, the plaintiff must establish its standing to be entitled to relief" (US Bank N.A. v Hunte, 176 A.D.3d 894, 896; see Central Mtge. Co. v Resheff, 200 A.D.3d 640, 643).