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CITIMORTGAGE, INC. v. GOLDBERG

2014-02073, Index No. 131709/10.

134 A.D.3d 880 (2015)

20 N.Y.S.3d 906

2015 NY Slip Op 09243

CITIMORTGAGE, INC., Respondent, v. ADAM GOLDBERG et al., Appellants, et al., Defendants.

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

Decided December 16, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

In a mortgage foreclosure action, the plaintiff has standing where it is the holder or assignee of the underlying note at the time the action is commenced (see Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361 [2015]). "Either a written assignment of the underlying note or the physical delivery of the note prior to the commencement of the foreclosure...

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