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.
At the trial, the plaintiff, the First National Bank of Highland (hereinafter the Bank) adduced evidence that the defendants J. J. Milano, Inc., James Milano and Jacqueline Milano (hereinafter the appellants), had defaulted on their obligations under the mortgage agreements (see, Keahon v Spinelli, 135 A.D.2d 503). Thus, the Bank made a prima facie showing of its entitlement to foreclosure under the terms of the mortgage.
. In any event, even if the claim of error with regard to the admission of the mortgage and assignment had been preserved for our review, we would have found that the evidence submitted at the hearing was sufficient to establish the validity of the prior debts owed to the defendants Suburban Ventures, Inc., and Garber so as to sustain the priorities set forth in the order under review (see, Keahon v Spinelli, 135 A.D.2d 503; Snyder v Potter, 134 A.D.2d 664; Isaacson v Karpe, 84 A.D.2d 868). Thompson, J.P., Rubin, Spatt and Balletta, JJ., concur.
The introduction of the bond and mortgage and of the assignment into evidence establishes a prima facie case of ownership and non-payment, 15 Carmody-Wait 2d, N.Y.Prac., ยง 92:208, p. 118; (see also Gamble v. Lewis, 88 Misc. 139, 151 N.Y.S. 778). Courts have routinely found the establishment of 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).