1855 EAST TREMONT CORP., plf-ap, v. COLLADO HOLDINGS LLC def-res, CASA REDMIX CONCRETE CORP. def

9068. 1855 EAST TREMONT CORP., plf-ap, v. COLLADO HOLDINGS LLC def-res, CASA REDMIX CONCRETE CORP. def — Belkin Burden Wenig & Goldman, LLP, New York (Magda L. Cruz of counsel), for ap — Catafago Law Firm, P.C., New York (Jacques Catafago of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 7, 2011, which, to the extent appealed from, denied plaintiff's motion for summary judgment dismissing defendants' affirmative defenses and counterclaim, awarding plaintiff a judgment of foreclosure, and referring the matter to a referee for an accounting of the amount due to plaintiff under the subject mortgage, unanimously reversed, on the law, with costs, the motion granted, and the matter remanded for appointment of a referee, to compute and ascertain the amount due to plaintiff on the subject mortgage and to report on whether the subject property should be sold in one parcel.

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9068. 1855 EAST TREMONT CORP., plf-ap, v. COLLADO HOLDINGS LLC def-res, CASA REDMIX CONCRETE CORP. def — Belkin Burden Wenig & Goldman, LLP, New York (Magda L. Cruz of counsel), for ap — Catafago Law Firm, P.C., New York (Jacques Catafago of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 7, 2011, which, to the extent appealed from, denied plaintiff’s motion for summary judgment dismissing defendants’ affirmative defenses and counterclaim, awarding plaintiff a judgment of foreclosure, and referring the matter to a referee for an accounting of the amount due to plaintiff under the subject mortgage, unanimously reversed, on the law, with costs, the motion granted, and the matter remanded for appointment of a referee, to compute and ascertain the amount due to plaintiff on the subject mortgage and to report on whether the subject property should be sold in one parcel.

Plaintiff established its prima facie right to foreclosure with evidence that defendants failed to pay the outstanding principal due under the parties’ mortgage documents and loan agreements (see ING Real Estate Fin. (USA) LLC v. Park Ave. Hotel Acquisition, LLC, 89 AD3d 506 [1st Dept 2011]; JPMCC 2007-CIBC19 Bronx Apts., LLC v. Fordham Fulton LLC, 84 AD3d 613 [1st Dept 2011]).

1855 EAST TREMONT CORP., plf-ap, v. COLLADO HOLDINGS LLC def-res, CASA REDMIX CONCRETE CORP. def

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