Opinion
392
March 5, 2002.
Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about January 12, 2001, which, to the extent appealed from, denied plaintiff's motion for summary judgment and related relief, unanimously affirmed, without costs.
Edward Rugino for plaintiff-appellant.
G. Wesley Simpson for defendant-respondent.
Before: Mazzarelli, J.P., Ellerin, Lerner, Rubin, Marlow, JJ.
Plaintiff's summary judgment motion in this mortgage foreclosure action was properly denied, since plaintiff mortgage holder failed to meet its burden to demonstrate defendant-respondent mortgagor's default under the subject mortgage (see, Staten Is. Sav. Bank v. Carnival, 39 A.D.2d 779). Plaintiff, inter alia, failed to produce a statement of account showing defendant-respondent to be in default. Moreover, defendant-respondent's opposition to plaintiff's summary judgment motion was sufficient to raise triable questions of fact respecting her payment history and the default alleged against her.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.