HSBC BANK USA NATIONAL ASSOCIATION v. SCOTT (2024)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Rhonda Scott appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered January 23, 2020.  The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against that defendant and for an order of reference, and appointed a referee to compute the amount due to the plaintiff.

ORDERED that the order is affirmed insofar as appealed from, with costs.

In 2017, the plaintiff commenced this action against the defendant Rhonda Scott, among others, to foreclose a mortgage on certain real property located in Nassau County.  In August 2019, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against Scott and for an order of reference.  Scott, among other things, opposed the motion.  By order entered January 23, 2020, the Supreme Court, inter alia, granted those branches of the plaintiff's motion and appointed a referee to compute the amount due to the plaintiff.  Scott appeals.

Scott does not contest that the plaintiff established its prima facie entitlement to judgment as a matter of law by submitting the mortgage, the unpaid note, and evidence of Scott's default (see Caliber Home Loans, Inc. v. Weinstein, 197 A.D.3d 1232, 1236, 153 N.Y.S.3d 575;  Zarabi v. Movahedian, 136 A.D.3d 895, 895–896, 26 N.Y.S.3d 153).  In opposition to the plaintiff's prima facie showing, Scott failed to raise a triable issue of fact (see Bank of Am., N.A. v. Suarez, 216 A.D.3d 892, 893, 191 N.Y.S.3d 64).

Accordingly, we affirm the order insofar as appealed from.

DUFFY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.