Grogg v. South Rd. Associates, L.P.
| Decision Date | 15 June 2010 |
| Citation | 907 N.Y.S.2d 22,74 A.D.3d 1021 |
| Parties | William R. GROGG, et al., appellants, v. SOUTH ROAD ASSOCIATES, L.P., et al., respondents (and a third-party action). |
| Court | New York Supreme Court — Appellate Division |
Daniels & Porco, LLP, Pawling, N.Y. (Ian S. MacDonald of counsel), for appellants.
Kelinman, Saltzman & Bolnick, P.C., New City, N.Y. (Stanley Zwillinger of counsel), for respondents.
REINALDO E. RIVERA, J.P., ANITA R. FLORIO, HOWARD MILLER, and LEONARD B. AUSTIN, JJ.
In an action, inter alia, for a judgment declaring the rights of the parties regarding prior judgments in favor of the defendant and against the plaintiffs, and a stipulation of settlement between the plaintiffs and the defendant South Road Associates, LLC, the plaintiffs appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Dutchess County (Marlow, J.), dated October 2, 2008, as granted the defendants' motion for summary judgment and denied those branches of their cross motion which were for summary judgment on the first, second, fourth, and fifth causes of action, and (2) from so much of an order of the same court dated November 17, 2008, as granted that branch of the motion of the defendant Housie, LLC, which was for summary judgment on its counterclaim to foreclose a mortgage.
ORDERED that the orders are affirmed insofar as appealed from, with one bill of costs, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of an appropriate declaratory judgment in favor of the defendants.
Contrary to the plaintiffs' contentions, the Supreme Court properly granted the defendants' motion for summary judgment. In response to the defendants' prima facie showing of their entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324-325, 508 N.Y.S.2d 923, 501 N.E.2d 572; Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718). Contrary to the plaintiffs' contention, the defendants' motion for summary judgment was not premature ( see CPLR 3212[f] ).
Contrary to the plaintiffs' contention, the Supreme Court properly granted that branch of the motion of the defendant Housie, LLC (hereinafter Housie), which was for summary judgment on its counterclaim to foreclose on the collateral mortgage. In support of its motion for summary judgment, Housie established its prima facie entitlement to judgment as a matter of law through the production of the collateral mortgage and the unpaid note. Thus, it...
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