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ENDEAVOR FUNDING CORP., plf-res, v. OLLIE ALLEN def-ap, PARISER INDUSTRIES, INC. def

9089. ENDEAVOR FUNDING CORP., plf-res, v. OLLIE ALLEN def-ap, PARISER INDUSTRIES, INC. def — [AND A THIRD-PARTY ACTION] The Whittier Law Firm, New York (Charles A. Whittier of counsel), for ap — Fidelity National Law Group, New York (Edward C. Kesselman of counsel), for res — Order, Supreme Court, New York County (Jane S. Solomon, J.), entered April 15, 2010, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on its foreclosure complaint and dismissed defendant Ollie Allen's defenses and counterclaims, and referred the matter to a special referee for computation of damages, unanimously affirmed, without costs.

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9089. ENDEAVOR FUNDING CORP., plf-res, v. OLLIE ALLEN def-ap, PARISER INDUSTRIES, INC. def — [AND A THIRD-PARTY ACTION] The Whittier Law Firm, New York (Charles A. Whittier of counsel), for ap — Fidelity National Law Group, New York (Edward C. Kesselman of counsel), for res — Order, Supreme Court, New York County (Jane S. Solomon, J.), entered April 15, 2010, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment on its foreclosure complaint and dismissed defendant Ollie Allen’s defenses and counterclaims, and referred the matter to a special referee for computation of damages, unanimously affirmed, without costs.

By submitting proof of the existence of a mortgage and of default, plaintiff established a prima facie case for foreclosure. In opposition, defendant failed to raise a triable issue of fact as to plaintiff’s involvement in a fraud in connection with the refinancing transaction (see Deutsche Bank Natl. Trust Co. v. Gordon, 84 AD3d 443 [1st Dept 2011]).

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