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WILMINGTON SAVINGS FUND SOCIETY, FSB v. MORAN

9878, 850291/17.

175 A.D.3d 1196 (2019)

106 N.Y.S.3d 857

2019 NY Slip Op 06716

Wilmington Savings Fund Society, FSB, Doing Business as Christiana Trust, as Trustee for Hilldale Trust, Appellant, v. Trevor C. Moran, Respondent, et al., Defendants.

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

September 24, 2019.

Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York ( Zachary Gold of counsel), for appellant.

Rozario & Associates, P.C., New York ( Rovin R. Rozario of counsel), for respondent.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

Plaintiff established its standing to foreclose on the mortgage by attaching to the complaint a copy of the mortgage, a copy of the note, on which is it undisputed that defendant defaulted, and a copy of the mortgage assignment (see Bank of N.Y. Mellon v Knowles, 151 A.D.3d 596 [1st Dept 2017]). Contrary to defendant Moran's contention, plaintiff was not required to submit proof that the note, as well as the mortgage, was assigned...

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