James v. Loran Realty V Corp.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 17, 2008, which denied the motion of defendants-appellants Frank Palazzolo and Carmine Donadío for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Appellants’ moving papers failed to meet their initial burden of demonstrating entitlement to judgment as a matter of law (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Appellants failed to address the key evidentiary submission in opposition to their prior motion to dismiss, raised again on this motion—a mortgage…