Bank of Boston v. Mauro

—In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 26, 1996, which denied its motion for summary judgment and for dismissal of the affirmative defenses asserted by the respondents Reynold Mauro and Janet Mauro.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the respondents’ affirmative defenses are dismissed.

“It is settled that in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a *253matter of…