HSBC BANK USA, N.A. v. MAHADEO

32293/16. 8536. 8535.

169 A.D.3d 603 (2019)

92 N.Y.S.3d 874

2019 NY Slip Op 01376

HSBC Bank USA, N.A., Respondent, v. Hardy Mahadeo, Appellant, et al., Defendants.

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

Decided February 26, 2019.


Regardless of the timeliness of defendant's appeal from the 2017 order or the propriety of plaintiff's service of notice of the entry of the November 2017 order on him, on the merits, defendant's argument that plaintiff lacks standing is unavailing. To establish standing, plaintiff was required to show either assignment of the mortgage note or physical delivery of the note before the foreclosure action was commenced (see U.S. Bank N.A. v Askew, 138...

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