Endeavor Funding Corp. v. Allen

Order, Supreme Court, New York County (Jane S. Solomon, J), entered April 15, 2010, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for summary judgment on its foreclosure complaint and dismissed defendant Ollie Allen’s defenses and counterclaims, and referred the matter to a special referee for computation of damages, unanimously affirmed, without costs.

By submitting proof of the existence of a mortgage and of default, plaintiff established a prima facie case for foreclosure. In opposition, defendant failed to raise a triable issue of fact as to…