BANK OF N.Y. v. WILLIS

2014-04208. Index No. 18540/08.

150 A.D.3d 652 (2017)

2017 NY Slip Op 03468

55 N.Y.S.3d 63

BANK OF NEW YORK, as Trustee for the Benefit of the CERTIFICATE HOLDERS, CWABS INC., ASSET-BACKED CERTIFICATES SERIES 2007-5ES, SERIES 2007-5 400 COUNTRY WAY, SIMI VALLEY, CA 93065, Respondent, v. JULIET WILLIS et al., Appellants, et al., Defendants.

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

Decided May 3, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Juliet Willis, leave to enter a default judgment against the defendant Premier Real Estate Co., LLC, and an order of reference are denied.

Where, as here, a plaintiff's standing to commence a foreclosure action is placed in issue by the defendant...

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