Opinion
2014-09-17
Yeshiva Chasdei TORAH, et al., respondents, v. DELL EQUITY, LLC, et al., appellants, et al., defendants.
Hodgson Russ LLP, New York, N.Y. (Gary M. Heller and Roy I. Martin of counsel), for appellants. Samuel A. Ehrenfeld, New York, N.Y., for respondents.
Hodgson Russ LLP, New York, N.Y. (Gary M. Heller and Roy I. Martin of counsel), for appellants. Samuel A. Ehrenfeld, New York, N.Y., for respondents.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, RUTH C. BALKIN, and ROBERT J. MILLER, JJ.
In an action to foreclose a mortgage, the defendants Dell Equity, LLC, and 1600 Street Holding, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated November 30, 2012, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellants' motion which was for summary judgment dismissing the complaint insofar as asserted against them is granted.
The Supreme Court erred in denying that branch of the motion of the defendants Dell Equity, LLC, and 1600 Street Holding, LLC (hereinafter together the appellants), which was for summary judgment dismissing the complaint insofar as asserted against them. The appellants established their prima facie entitlement to judgment as a matter of law by submitting a release that was signed by the plaintiffs' representative, and notarized and recorded. The release unambiguously removed any lien on the subject property with respect to the mortgage held by the plaintiffs ( see Burnside 711 LLC v. Amerada Hess Corp., 109 A.D.3d 860, 861, 972 N.Y.S.2d 604; Matter of Jacker, 105 A.D.3d 1048, 1048, 963 N.Y.S.2d 397; Appel v. Ford Motor Co., 111 A.D.2d 731, 732, 490 N.Y.S.2d 228; cf. Marculescu v. Ovanez, 27 A.D.3d 701, 815 N.Y.S.2d 598). In opposition, the plaintiffs failed to raise a triable issue of fact as to the validity or enforceability of the release. Their conclusory and unsubstantiated allegations were insufficient to defeat the subject branch of the appellants' motion ( see Votta v. Votta Enters., 249 A.D.2d 536, 537, 672 N.Y.S.2d 118). Accordingly, the appellants were entitled to summary judgment ( see Capstone Bus. Credit, LLC v. Imperia Family Realty, LLC, 70 A.D.3d 882, 884, 895 N.Y.S.2d 199; Household Fin. Realty Corp.of N.Y. v. Winn, 19 A.D.3d 545, 796 N.Y.S.2d 533).
In view of the foregoing, we need not reach the parties' remaining contentions.