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B & H FLA. NOTES LLC v. ASHKENAZI

850263/13.

182 A.D.3d 525 (2020)

120 N.Y.S.3d 778

2020 NY Slip Op 02553

B and H Florida Notes LLC, Respondent-Appellant, v. Alexander Ashkenazi et al., Defendants, and Amit Louzon, Appellant-Respondent.

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

Decided April 30, 2020.

The trial court correctly determined after a nonjury trial that plaintiff failed to establish that Wells Fargo Bank, N.A., which commenced this foreclosure action and was succeeded by plaintiff, had possession of the note at the time the action was commenced (see B & H Florida Notes LLC v Ashkenazi, 149 A.D.3d 401, 402 [1st Dept 2017]). The trial evidence establishes, at most, that...

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