BANK OF N.Y. MELLON v. JOHNSON

9066, 32806/16E.

171 A.D.3d 601 (2019)

96 N.Y.S.3d 857

2019 NY Slip Op 02999

The Bank of New York Mellon, Formerly Known as The Bank of New York, as Indenture Trustee for Newcastle Mortgage Securities Trust 2007-1, Appellant, v. Mark Johnson, Also Known as Mark A. Johnson, Respondent, et al., Defendants.

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

Decided April 23, 2019.


Issues of fact exist on the issue of standing because there are unexplained discrepancies in the copy of the note attached to the complaint. Although the word "copy" had been stamped on the note, it was crossed out on the first page, but not the other pages and the word "copy" was typewritten on some of the riders. None of these discrepancies were explained or addressed in the affidavit, making it unclear whether plaintiff possessed the original note when this action was...

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