Opinion
May 2, 1994
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff established prima facie entitlement to summary judgment in its action to foreclose on the appellant's mortgage by offering by proof of the mortgage, as well as the appellant's failure to make the monthly mortgage payments (see, European Am. Bank v. Strab Constr. Corp., 196 A.D.2d 479; Silber v. Muschel, 190 A.D.2d 727). Accordingly, to preclude the plaintiff from foreclosing on the mortgage, it became incumbent upon the appellant to establish, by admissible evidence, that a triable issue of fact existed (see, Faustini v. Darth Provisions Co., 131 A.D.2d 809). However, the appellant failed to raise any triable issue of fact to prevent foreclosure. Accordingly, summary judgment was properly granted. Mangano, P.J., Thompson, Joy and Friedmann, JJ., concur.