Opinion
Submitted October 10, 2000.
November 13, 2000.
In an action, inter alia, to foreclose a lien on certain real property for unpaid common charges, the defendants James A. Seibert and Barbara J. Seibert appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Suffolk County (Catterson, J.), dated August 23, 1999, which, inter alia, granted that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against them.
Cahalan Cahalan, P.C., Northport, N.Y. (Eric Cahalan of counsel), for appellants.
Somer Heller, LLP, Commack, N.Y. (Stanley J. Somer of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the appellants. In support of its motion, the plaintiff sustained its initial burden by submitting proof of the lien and demonstrating the appellants' failure to pay the common charges (see, Rivermist Assn. v. Davis, 251 A.D.2d 1039; Mahopac Natl. Bank v. Baisley, 244 A.D.2d 466, 467; Metropolitan Distrib. Servs. v. DiLascio, 176 A.D.2d 312). It was then incumbent upon the appellants to assert any defenses raising a question of fact as to their default on the common charges (see, Marton Assocs. v. Vitale, 1 72 A.D.2d 501, 502). The appellants' assertion that they ceased making payments due to the plaintiff's failure to increase the size of their boat slip was insufficient to defeat the motion (see, Rivermist Assn. v. Davis, supra; Board of Mgrs. of 200 W. 109 Condominium v. Baker, 244 A.D.2d 229; cf., Residential Bd. of Mgrs. of Century Condominium v. Berman, 213 A.D.2d 206).
The appellants' remaining contentions are without merit.