Opinion
August 3, 1998
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff bank made a prima facie showing that it was entitled to a judgment of foreclosure as a matter of law by offering proof that the mortgagor executed the loan documents and defaulted on the payments ( see, Fairfield Affiliates v. Rosenbaum, 232 A.D.2d 522; ICC Bridgeport Ltd. Partnership v. Primrose Dev. Corp., 221 A.D.2d 417). The burden then shifted to the mortgagor to demonstrate, by admissible evidence, that there were genuine issues of material fact which required a trial ( see, Union State Bank v. Blankfort, 222 A.D.2d 430, 431). The mortgagor's conclusory allegations that the plaintiff bank failed to provide a payment coupon book and other information about the mortgage were insufficient to defeat the motion for summary judgment ( see, European Am. Bank v. Abramoff 201 A.D.2d 611). Inasmuch as the mortgagor failed to sustain her burden, the Supreme Court properly granted the plaintiffs motion for summary judgment and directed foreclosure and sale.
Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.