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COUNTRYWIDE HOME LOANS, INC. v. GRESS

2008-09808

68 A.D.3d 709 (2009)

2009 NY Slip Op 8989

888 N.Y.S.2d 914

COUNTRYWIDE HOME LOANS, INC., Appellant, v. ANTHONY GRESS, Respondent, et al., Defendants.

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

Decided December 1, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the motion of the defendant Anthony Gress which was to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211 (a) (3) on the ground that the plaintiff lacked standing to bring this action. In order to commence a foreclosure action, the plaintiff must have a legal or equitable interest...

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