BANK OF NEW YORK MELLON v. O'CALLAHAN

850096/15. Appeal No. 12947-12947A. Case No. 2020-02666.

190 A.D.3d 599 (2021)

140 N.Y.S.3d 504

2021 NY Slip Op 00383

The Bank of New York Mellon, Formerly Known as The Bank of New York, Respondent, v. Susan O'Callahan, Appellant, et al., Defendants.

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

Decided January 26, 2021.


Attorney(s) appearing for the Case

Law Offices of Christopher Thompson, West Islip ( Christopher Thompson of counsel), for appellant.

Davidson Fink LLP, Rochester ( Ashley E. Ragan of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.


Plaintiff established standing to commence this foreclosure action by submitting a copy of the mortgage, a copy of the note, indorsed in blank, on which it is undisputed that defendant defaulted, and a copy of the mortgage assignment, all of which were attached to the complaint (see U.S. Bank N.A. v Hossain, 177 A.D.3d 547, 548 [1st Dept 2019]; Wilmington Sav. Fund Socy., FSB v Moran, 175 A.D.3d 1196 [1st Dept 2019...

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