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DEUTSCHE BANK v. VITELLAS

2013-07197

131 A.D.3d 52 (2015)

13 N.Y.S.3d 163

2015 NY Slip Op 05634

DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee for RALI 2002QS6, Respondent, v. STEFANOS VITELLAS et al., Appellants, et al., Defendants.

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

Decided July 1, 2015.

Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria, ( Si Aydiner and Elias N. Fillas of counsel), for appellants.

Hinshaw & Culbertson LLP, New York City ( Benjamin S. Noren and Schuyler B. Kraus of counsel), for respondent.

DILLON, J.P., HALL and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

Under New York law, in order to have standing to commence a foreclosure action, a plaintiff generally must be the holder or assignee of the note which the mortgage secures. On this appeal, we are asked to consider whether a note discharged in bankruptcy can be subsequently assigned, with the mortgage passing...

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