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CWCAPITAL ASSET MANAGEMENT LLC v. CHARNEY-FPG 114 41ST STREET, LLC

5022N, 5023N, 5024N, 117469/09, 5025N.

84 A.D.3d 506 (2011)

923 N.Y.S.2d 453

CWCAPITAL ASSET MANAGEMENT LLC, as Special Servicer for Bank of America, N.A., as Trustee on Behalf of the Registered Holders of GS Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 2007-GG10, Respondent, v. CHARNEY-FPG 114 41ST STREET, LLC, Appellant, et al., Defendants.

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

Decided May 10, 2011.

Although a plaintiff in a foreclosure action must generally establish ownership of the mortgage and mortgage note (see Witelson v Jamaica Estates Holding Corp. I, 40 A.D.3d 284 [2007]), and the plaintiff in this action does not hold the mortgage, it has standing to bring the foreclosure action and seek appointment of a receiver. The foreclosure complaint identified the trustee as the mortgage holder, the action was expressly maintained...

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