U.S. BANK NATIONAL ASSOCIATION v. DANIELS

No. 0112327/2007

2008 NY Slip Op 32050 (U)

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE OF J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A4, Plaintiff, v. JASON DANIELS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR COUNTRYWIDE BANK, N.A. ITS SUCCESSORS AND ASSIGNS, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, BOARD OF MANAGERS OF THE CHELSEA 19 CONDOMINIUMS, NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES AND DIVISION OF LIENS AND RECOVERY, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, AND "JOHN DOE #1" THROUGH "JOHN DOE #10", THE LAST TEN NAMES BEING FICTITIOUS AND UNKNOWN TO THE PLAINTIFF, THE PERSON OR PARTIES INTENDED BEING THE PERSONS OR PARTIES, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE MORTGAGE PREMISES DESCRIBED IN THE COMPLAINT, Defendants.

Supreme Court of the State of New York, County of New York.

July 11, 2008.


DECISION AND ORDER

SHIRLEY WERNER KORNREICH, Judge.

Defendant Jason Daniels brings this motion to dismiss a foreclosure action brought by Plaintiff U.S. Bank National (U.S. Bank), as trustee, of JP Morgan Trust Alternative Loan Trust 2006-A4 (JP Morgan), pursuant to CPLR 3211. Daniels argues that because the Complaint fails to establish a valid assignment of the operative mortgage and note, U.S. Bank lacks standing or capacity to sue under CPLR 3211(a)(3...

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