Lombardi v. Pisari
| Court | New York Supreme Court — Appellate Division |
| Citation | Lombardi v. Pisari, 430 N.Y.S.2d 139, 77 A.D.2d 646 (N.Y. App. Div. 1980) |
| Decision Date | 28 July 1980 |
| Parties | Mary LOMBARDI, Respondent, v. Joseph PISARI, Anthony P. Barone, Nancy A. Barone, Frank Morganti and Geraldine Morganti, d/b/a F. & G. Associates, Appellants; et al., Defendants. |
Barone & Passarello, Staten Island (Paul J. Prinzivalli, Staten Island, of counsel), for appellants.
Behrins Lemole McCarthy and Peter J. Napolitano, P. C., Staten Island (Bruce G. Behrins, Staten Island, of counsel), for respondent.
Before MOLLEN, P. J., and GIBBONS, MARTUSCELLO and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a mortgage foreclosure action, the defendants, d/b/a F. & G. Associates, appeal from an order of the Supreme Court, Richmond County, dated August 21, 1979 which denied their motion for leave to amend their answer, and granted plaintiff's cross motion, inter alia, to strike the answer and for summary judgment.
Order affirmed, without costs or disbursements.
While leave to amend or supplement pleadings generally "shall be freely given" (CPLR 3025, subd. (b)), the record before us discloses a failure by appellants to supply any evidentiary specificity supporting the claim sought to...
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Marton Associates v. Vitale
...Associates failed to assert any defenses properly raising a question of fact as to the default on the mortgage (see, Lombardi v. Pisari, 77 A.D.2d 646, 430 N.Y.S.2d 139). In support of its motion for summary judgment, the plaintiff established its case as a matter of law through the product......
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Fairfield Affiliates v. Rosenbaum
...Strab Constr. Corp., supra; Bank Leumi Trust Co. of N.Y. v. Rattet & Leibman, 182 A.D.2d 541, 542, 582 N.Y.S.2d 707; Lombardi v. Pisari, 77 A.D.2d 646, 430 N.Y.S.2d 139), and mere conclusions or unsubstantiated allegations are not sufficient (see, State Bank of Albany v. Fioravanti, 51 N.Y.......
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Metropolitan Distribution Services, Inc. v. DiLascio
...could properly raise a question of fact as to his default on the mortgage (see, Marton Associates v. Vitale, supra; Lombardi v. Pisari, 77 A.D.2d 646, 430 N.Y.S.2d 139). Upon our review of the record, we find that the appellant's bare and unsubstantiated allegation that the mortgage amortiz......
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Northeast Sav., F.A. v. Bailey
...allegations and a failure by Bailey to supply any evidentiary specificity to support his affirmative defenses (see, Lombardi v. Pisari, 77 A.D.2d 646, 647, 430 N.Y.S.2d 139). More than suspicion or surmise of a possible defense must be shown in response to a plaintiff's motion for summary j......