JPMORGAN CHASE BANK, N.A. v. CALIGURI

No. 85.

36 N.Y.3d 953 (2020)

160 N.E.3d 693

136 N.Y.S.3d 225

2020 NY Slip Op 07660

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Respondent, v. Ross R. CALIGURI, Also Known as Ross CALIGURI, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided December 17, 2020.


Attorney(s) appearing for the Case

Jeffrey Herzberg, P.C., Hauppauge ( Jeffrey Herzberg , of counsel), for appellant.

Wilmer Cutler Pickering Hale and Dorr LLP, New York City ( Alan E. Schoenfeld and Ryan M. Chabot of counsel), and McCalla Raymer Leibert Pierce, LLC, New York City ( Richard P. Haber and Brian P. Scibetta of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The judgment appealed from and so much of the Appellate Division order reviewed should be affirmed, with costs.

In this mortgage foreclosure action, defendant raised the affirmative defense of standing in his answer. Accordingly, to be entitled to summary judgment dismissing that defense, plaintiff bore the burden to demonstrate, as a matter of law, that it had standing to foreclose. There is no "checklist" of required...

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