Baron Associates, LLC v. Garcia Group Enterprises, Inc.

In an action to foreclose a mortgage, the plaintiffs appeal from an order of the Supreme Court, Kings County (Lewis, J.), dated September 16, 2011, which denied their motion for summary judgment on the complaint and dismissing the counterclaim.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion for summary judgment on the complaint and dismissing the counterclaim is granted.

“[I]n an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default” (Argent…