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BANK OF N.Y. MELLON TRUST CO. v. VAN DYKE

10993.

180 A.D.3d 480 (2020)

115 N.Y.S.3d 671

2020 NY Slip Op 00990

The Bank of New York Mellon Trust Company, Respondent-Appellant, v. Patti Van Dyke, Appellant-Respondent, et al., Defendants.

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

Decided February 11, 2020.

The motion court correctly denied both plaintiff's and Van Dyke's motions for summary judgment in this foreclosure action on the ground that issues of fact exist as to whether plaintiff had possession of the note when the action was commenced (see US Bank N.A. v Richards, 155 A.D.3d 522, 523 [1st Dept 2017]). The affidavits on which plaintiff relies to establish that the note was in its possession at the time of commencement are...

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