Opinion
3026.
Decided March 4, 2004.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered February 7, 2003, which, in this mortgage foreclosure action, granted the motion of plaintiff for summary judgment foreclosing on the mortgage and striking defendant's affirmative defenses, and referred the matter to a referee to compute all amounts due to plaintiff, unanimously affirmed, without costs.
Glenn P. Warmuth, for Plaintiff-Respondent.
Brian J. Isaac, for Defendant-Appellant.
Before: Nardelli, J.P., Andrias, Sullivan and Lerner, JJ.
The motion court correctly granted plaintiff's motion for summary judgment foreclosing on the mortgage based upon defendant's failure to make the required monthly payments. Defendant's affirmative defense of fraud, predicated upon oral representations at odds with the plain and unambiguous terms of the note and the payment reduction provision subsequently signed by him, was properly struck ( see Mariani v. Dyer, 193 A.D.2d 456, 457, lv denied 82 N.Y.2d 658; Humble Oil Refining Co. v. Jaybert Esso Serv. Sta., Inc., 30 A.D.2d 952).
We have considered defendant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.