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GECMC 2007-C1 DITMARS LODGING, LLC v. MOHOLA, LLC

2010-07000.

84 A.D.3d 1311 (2011)

924 N.Y.S.2d 531

GECMC 2007-C1 DITMARS LODGING, LLC, Respondent, v. MOHOLA, LLC, et al., Appellants, et al., Defendants.

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

Decided May 31, 2011.

Ordered that the order entered July 6, 2010, is affirmed, with costs.

The appellants moved pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against them, alleging that the plaintiff lacked standing to maintain this action. Contrary to the appellants' contention, the complaint and annexed documents established that the plaintiff was validly assigned the note and mortgage that is the subject of this foreclosure action (see Mortgage Elec...

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