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BANK OF N.Y. MELLON v. TORO

2018-00772. Index No. 57219/16.

186 A.D.3d 1188 (2020)

127 N.Y.S.3d 881

2020 NY Slip Op 04820

Bank of New York Mellon, Respondent, v. Julio Toro et al., Appellants, et al., Defendants.

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

Decided September 2, 2020.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff established, prima facie, that it was the holder of the underlying note at the commencement of the action by attaching the consolidated note, endorsed in blank, to the summons and complaint when it commenced the action (see U.S. Bank N.A. v Ahmed, 174 A.D.3d 661, 664 [2019]). In opposition, the defendants Julio Toro and Diana Cuebas (hereinafter together the defendants) failed...

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