Justice Eileen Rakower
Noble Securities Holding sought to foreclose on the subject property. Its motion for summary judgment was previously denied and the court directed the parties to enter a mandatory settlement conference. Noble now moved for summary judgment against Steven and Claire Kamhi, and City National Bank, and an extension of the notice of pendency, among other things. Noble claimed Steven was in default of the underlying mortgage and related loan documents, seeking summary judgment against him. It also sought summary judgment against Claire and City National Bank, alleging their liens against Steven were subordinate to Noble’s. The court found Noble made its prima facie showing of entitlement to summary judgment against Steven, submitting proof of non-payment of the mortgage. It found the monthly payments of principal and interest remained unpaid. Also, Steven failed to provide evidence demonstrating any triable issues of fact precluding summary judgment. Further, the court stated Noble established its mortgage was recorded before City National Bank’s and Claire’s liens, entitling Noble to summary judgment on this issue. Accordingly, the court denied Steven’s motion to dismiss.
