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GREAT AJAX OPERATING PARTNERSHIP L.P. v. PCG REO HOLDINGS, LLC

Index No. 651940/17. Appeal No. 13275. Case No. 2020-02999.

192 A.D.3d 420 (2021)

139 N.Y.S.3d 811

2021 NY Slip Op 01324

Great Ajax Operating Partnership L.P., Appellant, v. PCG REO Holdings, LLC, et al., Respondents.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains ( Robert A. Spolzino of counsel), for appellant.

Blank Rome LLP, New York ( Timothy W. Salter of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Initially, we note that "there is no requirement that evidence be submitted by affidavit to prevail on a motion for summary judgment" (Muniz v Bacchus, 282 A.D.2d 387, 388 [1st Dept 2001], citing Alvarez v Prospect Hosp., 68 N.Y.2d 320, 325 [1986]).

Plaintiff's claims arising from the sale of the mortgage loan secured by a property in New Jersey were properly dismissed as barred...

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