Mayer
Columbia Capital moved for summary judgment in its favor on its sole cause of action for a mortgage foreclosure. It also sought to strike numerous affirmative defenses of defendant Cuervo, and appointing a referee to compute all amounts due on Columbia’s mortgage. Columbia loaned Cuervo $180,000 for a mortgage against certain real property as security for the loan. Cuervo executed a note and mortgage in Columbia’s favor, and Columbia now moved for summary judgment arguing Cuervo defaulted in making monthly payments due on the loan. The court noted Cuervo’s opposition consisted solely of his attorney’s affirmation in partial opposition, which failed to raise any questions of fact to rebut Columbia’s prima facie showing of entitlement to summary judgment. It stated any issues regarding standing have been effectively waived by Cuervo’s failure to raise them as an affirmative defense in the answer to Columbia’s cross-claim. Also, the court ruled Cuervo’s counsel’s assertions about confusion regarding the amount allegedly owed failed to raise questions of fact sufficient to defeat Columbia’s motion for summary judgment. As such, Columbia’s motion was granted in its entirety.
