East New York Savings Bank v. 924 Columbus Associates, L.P.

Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered October 26, 1994, which, inter alia, granted plaintiff’s motion for summary judgment, unanimously affirmed, with costs.

In this mortgage foreclosure action, the unrefuted documentary evidence conclusively establishes the mortgage as well as the default, plaintiff’s right to seek foreclosure on that basis and the lack of conditions impeding that right (First Natl. Bank v J. & J. Milano, 160 AD2d 670, lv denied 76 NY2d 702; Snyder v Potter, 134 AD2d 664). Thus, plaintiff has established, prima facie, its right to summary…