Additionally, where, as here, a defendant places standing in issue, the plaintiff must prove 2 2 of 5 KINGS COUNTY CLERK 04:56 PM NYSCEF DOC. To establish pri1na facie entitlement to judgment as a matter of law in an action to foreclose a 1nortgage, a plaintiff must produce the mortgage, the unpaid note, and evidence of default (see US. In their answer, filed on December 21, 2019, Radyo and Joseph set forth numerous affirmative defenses, including lack of standing. According to the verified complaint, filed on December JO, 2019, Radyo defaulted under the terms of the mortgage and note by failing to make the monthly payments due on August I, 2019 and each month thereafter.
By assignment dated Novemaud recorded December I, 2017, the subject mortgage "ogether with the note(s) aud obligations therein described or referred to," were assigned from Velocity to plaintiff. As additional security, Joseph executed a personal guaranty. The mortgage was executed by Radyo on Novemto secure a $429,000 note in favor of Velocity Commercial Capital Inc. Plaintiff commenced this action to foreclose a commercial mortgage encrunbering the property at 1685 Nostrand Avenue in Brooklyn. 526818/2019 RECEIVED NYSCEF: and Geffrard Joseph (Joseph) (ii) pursuant to CPLR 3215, granting a default judgment against defendants NYC Bureau of Highway Operations, New York City Environmental Control Board, New York City Parl (Radyo) 1 of 5 KINGS COUNTY CLERK 04:56 PM NYSCEF DOC. Bank National Association, as trustee for Velocity Commercial Capital Loan Trust 2017-I, moves for an order: (i) pursuant to CPLR 3212, granting sununary judgment against defendants Radyo Panou Inc. X The following efiled papers read herein: Papers Numbered Notice of Motion/Order to Show Cause/ Petition/Cross Motion and Affidavits (Affirmations) Annexed._ _ _ _ 75 Opposing Affidavits (AffiIWations)_ _ _ _ 95 Reply Affidavits (Affirmations),_ _ _ _ _ _ _ _ _ _Affidavit (Affirmation) in support 77 85 Upon the foregoing papers, plaintiff U.S. 526818119 RAD YO PANOU INC, GEFFRARD JOSEPH, NYC BUREAU OF HIGHWAY OPERATIONS, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATION BUREAU, RADIO PANOU, ELISNER BRUES and JOHN SMITH, Defendants. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR VELOCITY COMMERCIAL CAPITAL LOAN TRUST 2017-1, Plaintiffs, - against - Index No. 526818/2019 RECEIVED NYSCEF: At an IAS 1'erm, Part Comm-6 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the l 51h day of April, 2021 PRESENT: HON. This opinion is uncorrected and not selected for official publication. Knipel Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. 2021 NY Slip Op 31296(U) ApSupreme Court, Kings County Docket Number: 526818/19 Judge: Lawrence S.
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