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FEDERAL NATL. MTGE. ASSN. v. YAKAPUTZ II, INC.

2015-10281, Index No. 16763/09.

141 A.D.3d 506 (2016)

35 N.Y.S.3d 236

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellant, v. YAKAPUTZ II, INC., Respondent, et al., Defendants.

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

Decided July 6, 2016.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the complaint is granted.

To establish a prima facie case in an action to foreclose a mortgage, a plaintiff must produce the mortgage, the note, and evidence of a default (see HSBC Bank USA, N.A. v Spitzer, 131 A.D.3d 1206, 1206-1207 [2015]). Where as here, standing is...

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