Neighborhood Housing Services of New York City, Inc. v. Hawkins

The plaintiff established its prima facie entitlement to judgment as a matter of law by presenting the subject mortgage, the unpaid note, and evidence of the default of the defendant Floyd Hawkins (see Neighborhood Hous. Servs. of N.Y. City, Inc. v Meltzer, 67 AD3d 872, 873 [2009]; Countrywide Home Loans, Inc. v Delphonse, 64 AD3d 624, 625-626 [2009]; Washington Mut. Bank, F.A. v O’Connor, 63 AD3d 832, 833 [2009]). In opposition, Hawkins raised triable issues of fact regarding his defenses including, inter alia, the defense based on his claim that the loan proceeds disbursed to the contractor…