Lupoli v. Lupoli

—In an action to foreclose a mort*458gage, the defendant appeals from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Di Tucci, J.), dated September 8, 1993, as denied his motion for summary judgment, dismissed his affirmative defenses, granted the plaintiff’s cross motion for summary judgment, and awarded the plaintiff the principal sum of $44,010.41.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

It is well established that on a motion for summary judgment, the court must determine whether the factual issues presented are…