DEUTSCHE BANK NATIONAL TRUST COMPANY v. RIVAS

2011-07972.

95 A.D.3d 1061 (2012)

945 N.Y.S.2d 328

2012 NY Slip Op 3800

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant, v. LUIS RIVAS, Respondent, et al., Defendants.

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

Decided May 15, 2012.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Luis Rivas which was to dismiss the complaint insofar as asserted against him for lack of standing pursuant to CPLR 3211 (a) (3) is denied.

In this action to foreclose a mortgage, the defendant Luis Rivas moved to dismiss the complaint insofar as asserted against him on the ground, among others, that the plaintiff lacked standing to commence the action (see...

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