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ONE WESTBANK FSB v. RODRIGUEZ

6757N. 35153/12.

161 A.D.3d 715 (2018)

78 N.Y.S.3d 63

2018 NY Slip Op 03925

One Westbank FSB, Appellant, v. George A. Rodriguez et al., Respondents, et al., Defendants.

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

Decided May 31, 2018.

Supreme Court properly held that summary judgment was precluded by a triable issue as to whether plaintiff was holder of the note and mortgage at the time it commenced foreclosure proceedings, and hence whether it had standing to bring this action (see Bank of N.Y. Mellon Trust Co. NA v Sachar, 95 A.D.3d 695 [1st Dept 2012]). The indorsement which plaintiff purports effected a transfer...

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