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HSBC BANK USA v. LUGO

8447. 381904/09.

169 A.D.3d 543 (2019)

95 N.Y.S.3d 32

2019 NY Slip Op 01304

HSBC Bank USA, Respondent, v. Betty Lugo, Appellant, et al., Defendants.

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

Decided February 21, 2019.

Defendant's motion did not violate the one-motion rule of CPLR 3211 (e) because her prior motion was not based on the merits of the complaint (see Rivera v Board of Educ. of the City of N.Y., 82 A.D.3d 614 [1st Dept 2011]).

Once a defendant demonstrates prima facie that plaintiff lacks standing, it is plaintiff's burden to establish standing by showing physical possession of the note or a written assignment of the note prior...

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