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WELLS FARGO BANK v. MARCHIONE

2008-02775

69 A.D.3d 204 (2009)

887 N.Y.S.2d 615

WELLS FARGO BANK, N.A., Appellant, v. VINCENT MARCHIONE et al., Respondents, et al., Defendants.

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

Decided October 20, 2009.

Attorney(s) appearing for the Case

Fein Such & Crane, LLP, Chestnut Ridge (Samit G. Patel of counsel), for appellant.

Clair & Gjertsen, Scarsdale (Ira S. Clair of counsel), for respondents.

DILLON, J.P., DICKERSON and BELEN, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

The issue presented on this appeal is whether an assignee of a note and mortgage has standing to commence a foreclosure action prior to the date of the execution of the assignment. We hold that an assignee in such a case has no standing.

The defendants Vincent Marchione and Debbie Marchione (hereinafter together the defendants) moved, inter alia, to dismiss this foreclosure action for lack of standing because the...

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