Plaza Equities, LLC, Plaintiff, v Mary M. Lamberti, Defendant/Counterclaim Plaintiff-Appellant, et al., Defendants. Greenpoint Mortgage Funding, Inc., Counterclaim Defendant-Respondent.
2020 NY Slip Op 00627 [179 AD3d 1106]
Appellate Division, Second Department
January 29, 2020
179 A.D.3d 1106
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 11, 2020
Jaspan Schlesinger LLP, Garden City, NY (Scott B. Fisher and Antonia M. Donohue of counsel), for counterclaim defendant-respondent.
In an action to foreclose a mortgage, the defendant/counterclaim plaintiff Mary M. Lamberti appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered November 15, 2016. The order granted the motion of the counterclaim defendant, Greenpoint Mortgage Funding, Inc., for summary judgment dismissing the counterclaims asserted against it by the defendant/counterclaim plaintiff Mary M. Lamberti.
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court‘s determination to grant the motion of the counterclaim defendant, Greenpoint Mortgage Funding, Inc. (hereinafter Greenpoint), for summary judgment dismissing the counterclaims asserted against it by the defendant/counterclaim plaintiff Mary M. Lamberti. Greenpoint established its prima facie entitlement to judgment as a matter of law by submitting a stipulation of settlement, entered into in a prior action, which included a release barring the counterclaims at issue here. In opposition, Lamberti failed to raise a triable issue of fact (see Schiller v Guthrie, 102 AD3d 852 [2013]).
Lamberti‘s remaining contentions are without merit. Dillon, J.P., Balkin, Miller and Connolly, JJ., concur.