DEUTSCHE BANK NATIONAL TRUST COMPANY v. COLE

2016-08328. Index No. 704872/15.

168 A.D.3d 677 (2019)

91 N.Y.S.3d 224

2019 NY Slip Op 00094

Deutsche Bank National Trust Company, Respondent, v. Michael Cole et al., Appellants, et al., Defendants.

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

Decided January 9, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

In May of 2015, the plaintiff commenced this action against the defendants Michael Cole and Moonachi, Inc. (hereinafter together the defendants), among others, to foreclose a mortgage on certain property located in Queens. The defendants interposed an answer in which they asserted various affirmative defenses, including that the plaintiff lacked standing. Thereafter, the plaintiff moved, inter...

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