August 18, 2021

A motion for summary judgment in an action to foreclose a mortgage.

The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law. The plaintiff meets its burden by producing the mortgage, the unpaid note, and evidence of default. An affidavit based on personal knowledge may establish the default.

Bank of N.Y Mellon v. DeLoney, NY Slip Op 04655 (2d Dep't August 11, 2021)

Here is the decision.

Tomorrow's issue: CPLR 213(2).