DLJ MORTGAGE CAPITAL v. MAHADEO

7680. 36033/15E.

166 A.D.3d 512 (2018)

89 N.Y.S.3d 26

2018 NY Slip Op 07963

DLJ Mortgage Capital, Appellant, v. Hardayal Mahadeo, Also Known as Hardy Mahadeo, Respondent, et al., Defendants.

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

Decided November 20, 2018.


The court should not have found that plaintiff failed to establish its standing by submission of documentary evidence proving the chain of ownership of the note at issue. Since defendant was moving for dismissal of the complaint, the burden was on him to make a prima facie demonstration that plaintiff lacked standing. In order to defeat the motion, plaintiff did not need to affirmatively establish its standing, but only to raise a triable issue of fact as to its standing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases