JP Morgan Chase Bank, N.A. v Shapiro

2013 NY Slip Op 01357 [104 AD3d 411]

March 5, 2013

Appellate Division, First Department

As corrected through Wednesday, April 24, 2013

JP Morgan Chase Bank, National Association,Respondent, v Saadia Shapiro, Appellant, et al.,Defendants.

—[*1]Shapiro & Associates, Attorneys at Law, PLLC, Brooklyn (Robert J. Stone, Jr.,of counsel), for appellant.

Parker Ibrahim & Berg LLC, New York (Scott W. Parker of counsel), forrespondent.

Order, Supreme Court, New York County (Carol E. Huff, J.), entered August 11,2010, which, insofar as appealed from as limited by the briefs, granted plaintiff's motionfor summary judgment, unanimously affirmed, without costs.

Plaintiff submitted proof of the existence of a mortgage and of default. Thisconstituted a prima facie showing of entitlement to summary judgment in this foreclosureaction (see Deutsche Bank Natl.Trust Co. v Gordon, 84 AD3d 443 [1st Dept 2011]; Bank Leumi Trust Co.of N.Y. v Lightning Park, 215 AD2d 246, 247 [1st Dept 1995]). The underlyingmortgage and note were originally held by Washington Mutual Bank, FA (WAMU).Plaintiff submitted the affidavit of an employee who identified herself as having personalknowledge of, inter alia, plaintiff's status as successor-in-interest to WAMU anddefendant Saadia Shapiro's default. This was based upon her review of plaintiff's booksand records and its account records regarding Shapiro's delinquent account (seeCPLR 3212 [b]). In opposition, Shapiro failed to raise a triable issue of fact.

Indeed, this Court recently recognized plaintiff's status as WAMU'ssuccessor-in-interest [*2]for all of its loans and loancommitments, with standing to foreclose on mortgages formerly held by WAMU (see JP Morgan Chase Bank N.A. vMiodownik, 91 AD3d 546, 547 [1st Dept 2012], lv dismissed 19 NY3d1017 [2012]). Concur—Mazzarelli, J.P., Moskowitz, Richter and Gische JJ.