The Decision

Recent Decisions of the Appellate Division, Second Department
by Elizabeth Stull (court@brooklyneagle.net),

published online 02-15-2008, Brooklyn Eagle Newspaper

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A few recent decisions of the Appellate Division, Second Department, which address appeals from the Brooklyn courts.

Mortgage Foreclosure

In a mortgage foreclosure action, the defendant appealed from state court order that granted the plaintiff’s motion for summary judgment.

The Appellate Division, Second Department affirmed former Brooklyn Justice Theodore T. Jones’ order.

“The plaintiff mortgagee satisfied its burden of demonstrating its entitlement to judgment as a matter of law by producing evidence of the mortgage debt and the mortgagor’s default, including an acknowledgment of the unpaid debt by the principal of the mortgagee,” the appellate court wrote, citing case law.

In opposition, the defendant failed to raise a triable issue of fact with regard to any legally viable or cognizable defense to the action, the appellate panel concluded. Justice Mastro presided, with Justices Fisher, Dillon and McCarthy, concurring.

Karen .M. Smith, appellant pro se. Jerry I. Lefkowitz represented the respondent. Combined Ventures, LLC, respondent, v. Fiske House Apt. Corp., et al., defendants, Karen .M. Smith, appellant. 2007-02721 (Index No. 14449/06).