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U.S. BANK N.A. v. RUSSELL

Index No. 380990/2013. Appeal No. 11880. Case No. 2019-4571.

186 A.D.3d 1181 (2020)

129 N.Y.S.3d 331

2020 NY Slip Op 05169

U.S. Bank National Association, Respondent, v. Walter Russell et al., Appellants, et al., Defendants.

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

Decided September 29, 2020.

Plaintiff established its prima facie entitlement to judgment of foreclosure by showing that it had physical possession of the note prior to commencing this action, and by submitting proof of defendant's default (see U.S. Bank N.A. v Askew, 138 A.D.3d 402 [1st Dept 2016]; Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361 [2015]). Attachment of the note to the complaint was sufficient...

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