BANK OF N.Y. MELLON v. ADAM P10TCH LLC

6875, 850163/14.

162 A.D.3d 502 (2018)

79 N.Y.S.3d 135

2018 NY Slip Op 04431

The Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Respondent, v. Adam P10tch LLC, Appellant, et al., Defendants.

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

Decided June 14, 2018.


Plaintiff established its standing to foreclose the mortgage by attaching a copy of the blank-endorsed note to the complaint, demonstrating that it had physical possession of the note prior to the commencement of this action in April 2014 (see Deutsche Bank Natl. Trust Co. v Logan, 146 A.D.3d 861, 862-863 [2d Dept 2017]). Moreover, plaintiff submitted an affidavit by an assistant vice president for servicing of plaintiff's servicer...

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