DEUTSCHE BANK NATL. TRUST CO. v. IDARECIS

2018-09491. Index No. 3497/11.

202 A.D.3d 1051 (2022)

2022 NY Slip Op 01144

Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement Dated as of August 1, 2004 ABFC 2004-HE1 Trust ABFC Asset-Backed Certificates, Series 2004-HE1, Respondent, v. Michael Idarecis, Appellant, et al., Defendants.

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

Decided February 23, 2022.


Attorney(s) appearing for the Case

Stephen C. Silverberg, PLLC, Uniondale, NY, for appellant.

Barros, J.P., Chambers, Zayas and Genovesi, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Michael Idarecis, to strike his answer and affirmative defenses, and for an order of reference are denied.

Where, as here, the plaintiff's standing is placed in issue by a defendant's answer, a plaintiff must prove its standing as part of its prima...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases