Wells Fargo v. Webster

In Wells Fargo v. Webster, 61 A.D.3d 856, 856, 877 N.Y.S.2d 200 (2d Dept. 2009), the Second Department held that plaintiff bank sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by submitting proof of the existence of the note, mortgage, and consolidation agreement, and the defendants' default in payment. Id. Accordingly, it was incumbent on the defendants to demonstrate, by admissible evidence, the existence of a triable issue of fact as to a bona fide defense. Id. In light of their failure to do so, the Second Department held that the trial court properly granted summary judgment to the plaintiff. Id.