Appellate Division of the Supreme Court of the State of New York March 1, 2011 (Rossrock Fund II, L.P. v. Osborne)

“[I]n moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default” (Republic Natl. Bank of N.Y. v O’Kane, 308 AD2d 482 [2003] [internal quotation marks omitted], quoting Village Bank v Wild Oaks Holding, 196 AD2d 812, 812 [1993]).