BANKERS TRUST CO. OF CALIFORNIA v. TOOLEY


236 A.D.2d 853 (1997)

653 N.Y.S.2d 896

Bankers Trust Company of California, N. A., as Trustee for the Registered Holders of Nomura Asset Capital Corporation, Mortgage Pass-Through Certificates, Series 1994-1, Respondent, v. Neal C. Tooley et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 7, 1997


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiff's motion for summary judgment. The record establishes that plaintiff purchased defendants' loan in or around March 1994 as part of a bulk transfer of loans. It further establishes that the loan was assigned to plaintiff on March 22, 1994, after plaintiff commenced this action. Because plaintiff failed to establish that it had an interest...

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