Green Point Savings Bank v. Tornheim

Full title: GREEN POINT SAVINGS BANK, Respondent, v. YEHUDA TORNHEIM, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 1999

261 A.D.2d 360 (N.Y. App. Div. 1999)

689 N.Y.S.2d 193

Opinion

May 3, 1999

Appeal from the Supreme Court, Kings County (Garson, J.).

Ordered that the order and judgment is affirmed, with costs.

The judgment of foreclosure and sale was properly entered in favor of the plaintiff. The plaintiff established its case as a matter of law through the production of the mortgage and the unpaid note (see, LBV Props. v. Greenport Dev. Co., 188 A.D.2d 588). It was then incumbent upon the defendant to assert any defense which could properly raise a question of fact as to his default on the mortgage (see, LBV Props. v. Greenport Dev. Co., supra, at 589). The defendant failed to raise any such issue of fact.

Further, the Supreme Court properly directed that the defendant pay the attorney's fees of the plaintiff. Because the defendant was in default on the mortgage, according to the terms thereof the plaintiff was entitled to recover reasonable attorney's fees in pursuing the foreclosure action (see, Carroll v. Miller, 213 A.D.2d 694, 696). We discern no reason to disturb the amount of attorney's fees awarded by the Supreme Court, and find that this amount bears a reasonable relation to the time and effort expended by the plaintiff's attorneys in the instant foreclosure action (see, Federal Land Bank v. Ambrosano, 89 A.D.2d 730).

The defendant's remaining contentions are without merit.

Altman, J. P., Goldstein, Florio and McGinity, JJ., concur.