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U.S. BANK NATIONAL ASSOCIATION v. JONES

850097/13-7717. 7716. 7715.

167 A.D.3d 420 (2018)

86 N.Y.S.3d 883

2018 NY Slip Op 08254

U.S. Bank National Association, Appellant, v. Darryl Jones, Respondent, et al., Defendants.

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

Decided December 4, 2018.

Contrary to the IAS court's finding, plaintiff eliminated all fact issues as to its standing to foreclose by annexing the indorsed note to the complaint (see Bank of N.Y. Mellon v Knowles, 151 A.D.3d 596, 597 [1st Dept 2017]).

We decline to consider defendant's new factual argument, raised for the first time on appeal, that the allonge was not firmly affixed to the note. This argument is fact based, not a question of law...

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