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HSBC BANK USA v. SPITZER

2013-03637, 2013-03642, Index No. 10135/09.

131 A.D.3d 1206 (2015)

18 N.Y.S.3d 67

2015 NY Slip Op 07008

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for NOMURA ASSET ACCEPTANCE CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-AR2, Respondent, v. SHARONA SPITZER et al., Appellants, et al., Defendants.

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

Decided September 30, 2015.

Ordered that the orders are affirmed, with one bill of costs. To establish a prima facie case in an action to foreclose a mortgage, a plaintiff must produce "the mortgage, the unpaid note, and evidence of default" (Emigrant Mtge. Co., Inc. v Beckerman, 105 A.D.3d 895, 895 [2013]). "Where, as here, standing is put into issue by a defendant, `the plaintiff must prove its standing in order...

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