Opinion
150
February 11, 2003.
Order, Supreme Court, New York County (Herman Cahn, J.), entered April 18, 2002, which, inter alia, denied defendants' motion to renew their opposition to plaintiff's previously granted motion for summary judgment foreclosing a mortgage, unanimously affirmed, without costs.
Randy M. Kornfeld, for plaintiff-respondent.
Wolodymyr M. Starosolsky, for defendants-appellants.
Roger Levy, for defendant-respondent.
Before: Mazzarelli, J.P., Andrias, Saxe, Buckley, Friedman, JJ.
Defendants' motion, properly construed by the motion court as one for renewal, was properly denied since the new documents upon which the motion was based, purporting to demonstrate that the mortgage had been satisfied and that defendants had been released from their obligations thereunder, were of dubious provenance and validity, having been executed subsequent to the grant of plaintiff's summary judgment motion and by a party whose authority to act on plaintiff's behalf was not demonstrated and, indeed, was sharply contested.
Motion seeking leave to strike brief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.