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WELLS FARGO BANK, N.A. v. GIZZO

2018-03578. Index No. 69933/15.

191 A.D.3d 826 (2021)

142 N.Y.S.3d 177

2021 NY Slip Op 00894

Wells Fargo Bank, N.A., Respondent, v. Kathleen Gizzo et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 10, 2021.

Attorney(s) appearing for the Case

Law Office of Mario DeMarco, P.C., Port Chester , NY, for appellants.

Rosicki, Rosicki & Associates, P.C. (Reed Smith LLP, New York, NY [ Andrew B. Messite and Michael V. Margarella ], of counsel), for respondent.

Mastro, A.P.J., Barros, Connolly and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff met its prima facie burden of establishing its entitlement to judgment as a matter of law by producing the mortgage agreement, the unpaid note, and evidence of the default of the defendants Kathleen Gizzo and Pasquale Gizzo (hereinafter together the defendants) in their payment obligations (see Wells Fargo Bank, N.A. v Miller,...

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