Opinion
May 30, 2000
In an action to foreclose a mortgage, the defendant Lina Bennardo appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Kings County (Clemente, J.), dated October 27, 1998, which, in effect, inter alia, granted the plaintiffs' motion for summary judgment on the complaint insofar as asserted against her.
Before: O'Brien, J.P., Sullivan, Luciano and Smith, JJ.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly deemed the appellant's affidavits to constitute her answer to the amended complaint ( see, San-Dar Assocs. v. Toro, 213 A.D.2d 233; see also, CPLR 320[b]; Urena v. NYNEX, Inc., 223 A.D.2d 442; Colbert v. International Sec. Bur., 79 A.D.2d 448, 463). Upon the effective joinder of issue, the Supreme Court properly granted the plaintiffs' motion for summary judgment in light of the evidentiary proof submitted by the parties ( see, San-Dar Assocs. v. Toro, supra; see also, Gutman v. Livingston, 173 App. Div. 670, 674, affd 226 N.Y. 582).
The appellant's remaining contentions are without merit.