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DEUTSCHE BANK NATIONAL TRUST COMPANY v. GUEVARA

7358N, 380447/11.

170 A.D.3d 603 (2019)

97 N.Y.S.3d 84

2019 NY Slip Op 02412

Deutsche Bank National Trust Company, Respondent, v. Julio Guevara, Appellant, et al., Defendants.

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

Decided March 28, 2019.

A plaintiff in a foreclosure action establishes standing by showing that it had either a written assignment or physical possession of the underlying note and mortgage prior to commencement (Bank of N.Y. Mellon Trust Co. NA v Sachar, 95 A.D.3d 695 [1st Dept 2012]; see also Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361 [2015]). Where, as here, a plaintiff cannot establish a written...

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