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HSBC GUYERZELLER BANK AG v. CHASCONA N.V.

1156, 114705/03.

66 A.D.3d 488 (2009)

887 N.Y.S.2d 43

2009 NY Slip Op 7312

HSBC GUYERZELLER BANK AG, Plaintiff, v. CHASCONA N.V. et al., Defendants, and CIBC MELLON TRUST COMPANY et al., Appellants. SAMUEL MONTAGU & CO. LTD., NOW Known as HSBC PRIVATE BANK (UK) LIMITED, Substituted Plaintiff-Respondent.

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

Decided October 13, 2009.

On a prior appeal in this case, we determined that Montagu's 2003 assignment of the loan agreement to its affiliated bank, plaintiff HSBC Guyerzeller Bank AG, was ineffective as to defendant debtor Hotel Mora Corp., that the mortgage "reverted" to Montagu, and that Montagu is the proper foreclosure plaintiff (42 A.D.3d 381 [2007]). Contrary to Chrysler's contention, the documentary evidence does not conclusively establish that

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