Trustco Bank, National Ass'n v. Victoria Associates

—Order unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff bank appeals from an order in this foreclosure action that denied its motion seeking summary judgment on the complaint and dismissal or severance of the counterclaims.

Plaintiff met its burden of establishing its entitlement to a judgment of foreclosure as a matter of law by submitting proof of the existence of the mortgage, defendants’ default in payment, and written. notice to defendants of the default, as…