Great Country Bank v. Pastore

Opinion

KATZ, J.

The dispositive issue in this appeal is whether the trial court properly granted the plaintiff mortgagee’s motion for summary judgment in an action to foreclose two mortgages, when the defendant mortgagors’ objection to summary judgment was accompanied by an affidavit alleging that certain sums paid into a lockbox had not been accounted for by the plaintiff in determining whether the mortgagors were in default. We conclude that the affidavit was insufficient to show that a genuine issue of material fact existed to defeat the motion for summary judgment and, therefore, we affirm…