Opinion
Argued September 7, 1999
October 18, 1999
In an action to foreclose a mortgage, the plaintiff appeals from a judgment of the Supreme Court, Kings County (G. Aronin, J.).
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly found that the plaintiff failed to establish a prima facie case (cf., Votta v. Votta Enters., 249 A.D.2d 536; Village Bank v. Wild Oaks Holding, 196 A.D.2d 812). Moreover, the evidence supports the finding that the mortgage was fraudulent (see, Debtor and Creditor Law §§ 273 and 276; see generally, Matter of Crane v. Crane, 202 A.D.2d 665; Grumman Aerospace Corp. v. Rice, 199 A.D.2d 365; AMEV Capital Corp. v. Kirk, 180 A.D.2d 775; Lengares v. B A Warehousing, 159 A.D.2d 692). Accordingly, the complaint was properly dismissed and the respondent was properly granted judgment on the counterclaim.
S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.