RBS v. Vincent Gloria et al (2010)

ORDER RE MOTION FOR SUMMARY JUDGMENT

The plaintiff/counterclaim defendant, RBS Citizens National Association (RBS) has moved for summary judgment as to liability only in this foreclosure action against the defendant/counterclaim plaintiff, Richard Farricelli (Farricelli) who is the owner of the equity of redemption.   RBS argues that there is no genuine issue of material fact regarding the validity of the special defenses and counterclaims made by Farricelli.   It further argues that it is undisputed that it is the holder of a mortgage on the subject property that secures a home equity line of credit, and that this line of credit is currently in default.   RBS submitted a memorandum of law and exhibits including, among others, an affidavit of the duly authorized foreclosure specialist familiar with the note, loan, and indebtedness that form the basis for this action, as well as the affidavit of the cross claim defendant, Vincent Gloria.

The defendant/counterclaim plaintiff Farricelli submitted an objection dated July 17, 2010, essentially arguing that his third special defense presents genuine issues of material fact that preclude the entry of summary judgment as to liability.   However, this objection included no legal authority for any of the contentions made therein, and no supporting documentation that would in any way evidence the existence of a genuine issue of material fact was provided to the court.   The motion for summary judgment filed by the plaintiff/counterclaim defendant RBS is therefore granted.

HILLER, J.

Hiller, Arthur A., J.