Witelson v. Jamaica Estates Holding Corp. I

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered July 18, 2007, after a nonjury trial, dismissing the complaint, unanimously affirmed, with costs.

As plaintiffs failed to establish prima facie on their motion for summary judgment their entitlement to foreclose on the subject mortgage (see 40 AD3d 284 [2007]), so they failed to establish their prima facie case at trial. Those plaintiffs who testified had no personal knowledge of their investment in the subject mortgage on the property located at 133 West 136th Street in Manhattan. Neither they nor the attorney who handled…