DEUTSCHE BANK NATL. TRUST CO. v. ABDAN

2014-03832, Index No. 30549/11.

131 A.D.3d 1001 (2015)

16 N.Y.S.3d 459

2015 NY Slip Op 06775

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for CARRINGTON MORTGAGE LOAN TRUST, SERIES 2005-NC3 ASSET BACKED PASS-THROUGH CERTIFICATES, Respondent, v. RACHEL ABDAN, Appellant, et al., Defendants.

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

Decided September 16, 2015.


Ordered that the judgment is affirmed, with costs.

"Generally, in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default. When, however, the defendant has placed standing in issue, the plaintiff must establish proper standing as part of its prima facie case" (Plaza Equities, LLC v Lamberti, 118 A.D.3d 688...

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