Companion v. Touchstone

—Order affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint and awarding defendant judgment on his counterclaim. Defendant submitted proof in evidentiary form establishing that he acted in good faith to obtain a mortgage (see, Ruggeri v Brenner, 186 AD2d 441, lv denied 81 NY2d 704). Defendant established that he applied for a mortgage with Solvay Bank, but was informed by the bank’s vice-president that the property qualified for a commercial mortgage of only $116,250, almost $20,000 less than the amount specified…