Opinion
November 14, 1994
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff established prima facie entitlement to summary judgment in its consolidated action to foreclose on the mortgages given by the appellant Hamilton Plaza Company, Inc. (hereinafter Hamilton), by offering proof of the existence of the mortgages as well as proof of Hamilton's failure to make the monthly payments as required by the loan documents (see, European Am. Bank v Strab Constr. Corp., 196 A.D.2d 479; Silber v. Muschel, 190 A.D.2d 727). To preclude the plaintiff from foreclosing on the mortgages, it became incumbent upon the appellants to establish, by admissible evidence, that a triable issue of fact existed (see, Dime Sav. Bank v. Rand, 204 A.D.2d 261), which they failed to do. We find no evidentiary support in the record for the appellants' allegations that a "pass-through" provision in a subordination and intercreditor agreement between the plaintiff and Manufactures Hanover Trust Company prevented Hamilton from obtaining additional financing for debt service on the plaintiff's loans, thereby causing Hamilton's default. We also find no support in the record to sustain the appellants' affirmative defenses or counterclaims.
We have reviewed the appellants' remaining contentions and find them to be without merit. Balletta, J.P., Pizzuto, Altman and Hart, JJ., concur.