DEUTSCHE BANK NATIONAL TRUST CO. v. BENSON

2018-05857, Index No. 54081/17.

179 A.D.3d 767 (2020)

116 N.Y.S.3d 685

2020 NY Slip Op 00259

Deutsche Bank National Trust Company, Appellant, v. Andrew Benson, Respondent, et al., Defendants.

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

Decided January 15, 2020.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Andrew Benson which was pursuant to CPLR 3211(a)(3) to dismiss the complaint insofar as asserted against him for lack of standing is denied.

In February 2007, the defendant Andrew Benson (hereinafter the defendant) executed and delivered to Countrywide Bank, N.A., a consolidation, extension, and modification agreement and consolidated note and mortgage combining...

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