Phelps Corp. v. Jones, 108 A.D.3d 814 (N.Y. App. Div. 2013). · Go Syfert
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Phelps Corp. v. Jones, 108 A.D.3d 814 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Webster Bank, N.A. v. James D. Watson and Pamela L. Watson; James D. Watson and Pamela L. Watson v. Tweed VP Holdings LLC
S.D.N.Y. · 2025 · signal: cf. · confidence medium
Jur. 2d Mortgages § 312 (discussing the requirements of New York General Obligations Law § 5–705); Dahan v. Weiss, 991 N.Y.S.2d 119, 120 (App. Div. 2014) (finding that it was “clear from the allegations . . . that the defendants did not execute a notarized written agreement to assume the mortgage allegedly held by the plaintiff at the time the properties were conveyed”); cf. Phelps Corp. v. Jones, 969 N.Y.S.2d 206, 207 (App. Div. 2013) (finding that the grantee assumed the mortgage where the agreement contained an “assumption clause” that “satisfie[d] the requirements of General …
discussed Cited as authority (rule) HSBC Bank USA, National Association v. Sage
N.Y. App. Div. · 2013 · confidence medium
In a foreclosure action, a mortgagee producing evidence of the mortgage, unpaid note and the mortgagor’s default will be entitled to summary judgment (see Phelps Corp. v Jones, 108 AD3d 814, 815 [2013]; Charter One Bank, FSB v Leone, 45 AD3d 958, 958 [2007]; HSBC Bank USA v Merrill, 37 AD3d 899, 900 [2007], lv dismissed 8 NY3d 967 [2007]).
discussed Cited as authority (rule) HSBC Bank USA, National Association v. Sage
N.Y. App. Div. · 2013 · confidence medium
In a foreclosure action, a mortgagee producing evidence of the mortgage, unpaid note and the mortgagor’s default will be entitled to summary judgment (see Phelps Corp. v Jones, 108 AD3d 814, 815 [2013]; Charter One Bank, FSB v Leone, 45 AD3d 958, 958 [2007]; HSBC Bank USA v Merrill, 37 AD3d 899, 900 [2007], lv dismissed 8 NY3d 967 [2007]).
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Phelps Corporation
v.
Robert D. Jones, Also Known as Robert Dillard Jones, el al.
Appellate Division of the Supreme Court of the State of New York.
Jul 3, 2013.
108 A.D.3d 814
Rose.
Cited by 3 opinions  |  Published
Rose, J.P.

Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered June 14, 2012 in Broome[*815] County, which, among other things, granted plaintiffs motion for summary judgment.

Plaintiff commenced this mortgage foreclosure action alleging that defendant defaulted on a note secured by a mortgage on real property. Following joinder of issue, plaintiff moved for summary judgment and defendant cross-moved for dismissal of the complaint. Supreme Court granted plaintiffs motion and denied defendant’s cross motion. We now affirm.

Plaintiff produced the indenture conveying title to the property to defendant and containing defendant’s valid assumption of the mortgage. Plaintiff also produced the unpaid note and evidence of defendant’s default, thus establishing its entitlement to a judgment of foreclosure (see Charter One Bank, FSB v Leone, 45 AD3d 958, 958 [2007]; HSBC Bank USA v Merrill, 37 AD3d 899, 900 [2007], lv dismissed 8 NY3d 967 [2007]; Fleet Bank v Pine Knoll Corp., 290 AD2d 792, 794 [2002]). The burden then shifted to defendant to demonstrate, with competent and admissible proof, any defense which could raise an issue of fact regarding the default (see LaSalle Bank N.A. v Kosarovich, 31 AD3d 904, 905-906 [2006]; United Cos. Lending Corp. v Hingos, 283 AD2d 764, 765 [2001]).

Defendant failed to meet this burden. Contrary to his conclusory claims, the assumption clause in the indenture satisfies the requirements of General Obligations Law § 5-705 (see Kane-Miller Corp. v Salkin, 226 AD2d 1028, 1029-1030 [1996]), and the record reveals that the mortgage was validly recorded. Defendant’s contention that he adversely possessed the premises is patently without merit. We have examined each of his remaining arguments and agree with Supreme Court that they are likewise meritless. Accordingly, in the absence of a material issue of fact, Supreme Court properly granted plaintiffs motion for summary judgment (see Charter One Bank, FSB v Leone, 45 AD3d at 959; Trustco Bank, Natl. Assn. v Labriola, 246 AD2d 735, 735-736 [1998]).

Spain, McCarthy and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.