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WELLS FARGO BANK, N.A. v. NDIAYE

2875.

146 A.D.3d 684 (2017)

2017 NY Slip Op 00552

44 N.Y.S.3d 908

WELLS FARGO BANK, N.A., as Trustee for SECURITIZED ASSET BACKED RECEIVABLES, LLC TRUST 2005-FR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR4, Appellant, v. MBAYE NDIAYE, Respondent, et al., Defendants.

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

Decided January 26, 2017.

The dismissals of plaintiff's prior actions without prejudice premised on lack of standing were not dismissals on the merits for res judicata purposes (see Tico, Inc. v Borrok, 57 A.D.3d 302 [1st Dept 2008]). Despite the purportedly invalid assignment of the note to plaintiff, plaintiff may nevertheless establish its standing by demonstrating that the note was in its possession or that it was delivered prior to the commencement of...

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