MTGLQ INVESTORS, L.P. v. VAZQUEZ

810148/12. Appeal No. 12961. Case No. 2019-05488.

190 A.D.3d 616 (2021)

140 N.Y.S.3d 502

2021 NY Slip Op 00390

MTGLQ Investors, L.P., Respondent, v. James Vazquez, Also Known as James Vasquez, 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

Jones Law, P.C., Warwick ( Douglas M. Jones of counsel), for appellant.

Friedman Vartolo LLP, New York ( Ronald P. Labeck of counsel), for respondent.

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


Plaintiff MTGLQ Investors, L.P. established prima facie entitlement to summary judgment in this foreclosure action. MTGLQ established standing to bring the action by showing that its predecessor in interest had physical possession of the note prior to the commencement of the action, as evidenced by its attachment of the note to the summons and complaint at the time the action was commenced (see MTGLQ Invs., LP v Collado, 183 A.D.3d 414 [1st Dept 2020]; see also...

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