CITIBANK, N.A. v. HERMAN

2013-06616, Index No. 34089/09.

125 A.D.3d 587 (2015)

CITIBANK, N.A., as Trustee for CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2007-AR6, PASS-THROUGH CERTIFICATES, SERIES 2007-AR6, Respondent, v. THOMAS HERMAN et al., Appellants, et al., Defendants.

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

Decided February 4, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendants Thomas Herman and Barbara Herman which were for summary judgment dismissing the complaint insofar as asserted against them based upon lack of standing and for the cancellation of a certain notice of pendency filed against the subject property are granted.

In a mortgage foreclosure action, a plaintiff has standing when it is both the...

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