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HSBC BANK USA v. MILLER

4786-2008

26 Misc.3d 407 (2009)

889 N.Y.S.2d 430

2009 NY Slip Op 29444

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for WFALT 2007-PA02, Plaintiff, v. JEFFREY F. MILLER et al., Defendants.

Supreme Court, Sullivan County.

Decided October 29, 2009.

Attorney(s) appearing for the Case

Steven J. Baum, P.C., Buffalo (Megan B. Szeliga of counsel), for plaintiff.

John S. Edwards, New City, for Jeffrey F. Miller, defendant.

OPINION OF THE COURT

MARK M. MEDDAUGH, J.

The plaintiff filed a motion for leave to reargue the decision and order of this court, which granted the motion of the defendant, Jeffrey F. Miller, dismissing the complaint in the above-referenced matter on the grounds that the plaintiff lacks standing to maintain this foreclosure action.

The court found, in its prior decision, that the assignment of mortgage attached to the plaintiff's papers in opposition...

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