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WESTCHASE RESIDENTIAL ASSETS II, LLC v. CONCEPCION

2018-14032, 2018-14033. Index No. 135261/15.

192 A.D.3d 1064 (2021)

2021 NY Slip Op 01800

Westchase Residential Assets II, LLC, Respondent, v. Tina Concepcion, Appellant, et al., Defendants.

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

Decided March 24, 2021.

Attorney(s) appearing for the Case

Kristian Karl Larsen , Brooklyn, NY, for appellant.

Friedman Vartolo LLP, New York, NY ( Oran Schwager of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the first order is affirmed insofar as appealed from; and it is further,

Ordered that the second order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

A plaintiff establishes its standing in a mortgage foreclosure action by demonstrating that, when the action was commenced, it was either the holder or assignee of the underlying note (see Aurora Loan Servs., LLC v Taylor,

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