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U.S. BANK TRUST, N.A. v. FRANCIS

Index No. 850192/18. Appeal No. 14380. Case No. 2020-02959.

198 A.D.3d 501 (2021)

152 N.Y.S.3d 593

2021 NY Slip Op 05655

U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust, Appellant, v. Alston Francis, Respondent, et al., Defendants.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Cohn & Roth, LLC, Mineola ( Kevin T. MacTiernan of counsel), for appellant.

Lanin Law P.C., New York ( Scott L. Lanin of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.

"A plaintiff in a foreclosure action establishes standing by showing that it had either a written assignment or physical possession of the underlying note and mortgage prior to commencement" (Deutsche Bank Natl. Trust Co. v Guevara, 170 A.D.3d 603, 603 [1st Dept 2019]). Where a plaintiff cannot establish a written assignment prior to commencement, it must "adequately prove that it did, indeed, have possession of the note...

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