BANK OF NEW YORK MELLON TRUST COMPANY NA v. SACHAR

Nos. 7739N, 380904/09.

95 A.D.3d 695 (2012)

943 N.Y.S.2d 893

2012 NY Slip Op 3964

BANK OF NEW YORK MELLON TRUST COMPANY NA, Respondent, v. EDDIE SACHAR, Appellant, et al., Defendants.

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

Decided May 22, 2012.


Plaintiff proved its standing to commence this foreclosure action by demonstrating that it was both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action was commenced (see U.S. Bank, N.A. v Collymore, 68 A.D.3d 752 [2009]). Defendant is correct that, although Mortgage Electronic Registration System (MERS) validly...

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