Paterson v. Rodney

—In an action to foreclose a mortgage, the defendant Mexieta Rodney appeals from an order of the Supreme Court, Kings County (Jackson, *454J.), dated March 22, 2000, which granted that branch of the plaintiffs’ motion which was for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs established their entitlement to judgment as a matter of law by producing the mortgage and mortgage note, along with evidence of default by the appellant (see, Kowalski Enters. v Sem Intl., 250 AD2d 648). This shifted the burden to the appellant to show the existence of a…