Witelson v. Jamaica Estates Holding Corp.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered October 24, 2006, which, to the extent appealed from, denied the cross motion by plaintiffs Witelson and Pitterman for summary judgment against defendants Jamaica Estates Holding and Solomon Holding to foreclose on a mortgage, unanimously affirmed, with costs.

Even assuming the cross motion was timely filed, it was properly denied. A prima facie showing to warrant summary judgment foreclosure of a mortgage requires the movant to establish the existence of the mortgage and mortgage note, ownership of the mortgage, and the…