Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (William McCooe, J.).
Plaintiff established a prima facie case of ownership and nonpayment by introduction of the consolidated mortgage and assignment into evidence, and oral testimony of the principal amount due ( see, Isaacson v. Karpe, 84 A.D.2d 868; Keahon v. Spinelli, 135 A.D.2d 503). It was not error to apply the 24% annual interest rate upon default provided in the mortgage documents ( see, Stein v. American Mtge. Banking, 216 A.D.2d 458; compare, Banque Nationale v. 1567 Broadway Ownership Assocs., 248 A.D.2d 154). We have considered defendant's remaining arguments and find them to be without merit.
Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.