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HSBC BANK USA v. ZILLITTO

9916, 32127/17E.

175 A.D.3d 1208 (2019)

106 N.Y.S.3d 874

2019 NY Slip Op 06858

HSBC Bank USA, Respondent, v. Joseph Zillitto, Also Known as Joseph F. Zillitto, et al., Appellants, et al., Defendants.

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

September 26, 2019.

Attorney(s) appearing for the Case

The Law Offices of Lawrence Katz, Valley Stream ( Lawrence Katz of counsel), for appellants.

Reed Smith LLP, New York ( David G. Murphy of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.

Plaintiff bank established its standing to foreclose on the mortgage by attaching a copy of the consolidated note, the dispositive instrument conveying standing, at the time it commenced the action (see Wells Fargo Bank N.A. v Ho-Shing, 168 A.D.3d 126, 131-132 [1st Dept 2019]). The relevant documents make clear that the consolidated note superseded the original notes, and there is no...

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