| Plaza Equities, LLC v Lamberti |
| 2014 NY Slip Op 03996 [118 AD3d 688] |
| June 4, 2014 |
| Appellate Division, Second Department |
[*1]
| Plaza Equities, LLC, et al.,Respondents, v Mary M. Lamberti, Appellant, et al.,Defendants. |
R. Bertil Peterson, Lake Success, N.Y., for appellant.
Jaspan Schlesinger, LLP, Garden City, N.Y. (Scott B. Fisher of counsel), forGreenPoint Mortgage Funding, Inc., as successor in interest to respondent GreenPointMortgage Corp.
Lawrence & Walsh, P.C., Hempstead, N.Y. (Eric P. Wainer of counsel), forPE-NC, LLC, successor by assignment to respondent Plaza Equities, LLC.
In an action to foreclose a mortgage, the defendant Mary M. Lamberti appeals froman order of the Supreme Court, Nassau County (Adams, J.), entered January 9, 2013,which, inter alia, granted that branch of the motion of PE-NC, LLC, successor byassignment to Plaza Equities, LLC, which was for summary judgment on the complaintinsofar as asserted against her and denied her cross motion, inter alia, to dismiss thecomplaint pursuant to CPLR 3211 (a).
Ordered that the order is affirmed, with one bill of costs.
In this action to foreclose on a mortgage, the original plaintiff, Greenpoint MortgageCorp., was the holder of a note and a mortgage when it commenced this action.Thereafter, the mortgage and the note were assigned several times, and subsequentlywere assigned to the plaintiff Plaza Equities, LLC (hereinafter Plaza) (see Greenpoint Mtge. Corp. vLamberti, 94 AD3d 815 [2012]). PE-NC, LLC (hereinafter PE-NC), assuccessor by assignment to Plaza, moved for summary judgment on the complaint.
Generally, in moving for summary judgment in an action to foreclose a mortgage, aplaintiff establishes its prima facie case through the production of the mortgage, theunpaid note, and evidence of default (see MLCFC 2007-9 Mixed Astoria, LLC v 36-02 35th Ave. Dev.,LLC, 116 AD3d 745 [2014]; U.S. Bank N.A. v Denaro, 98 AD3d 964, 965 [2012]).When, however, the defendant has placed standing in issue, the plaintiff must establishproper standing as part of its prima facie case (see MLCFC 2007-9 Mixed Astoria,LLC v 36-02 35th Ave. Dev., LLC, 116 AD3d at 745; cf. Bank of N.Y. v Silverberg,86 AD3d 274, 279 [2011]). Here, PE-NC, as successor by assignment to Plaza,established, prima facie, Plaza's entitlement to judgment as a matter of law bydemonstrating, in addition to all other requirements, that Greenpoint Mortgage Corp., theoriginal plaintiff, had [*2]proper standing when theaction was commenced (see W& H Equities LLC v Odums, 113 AD3d 840 [2014]).
Lamberti's remaining contentions are without merit. Skelos, J.P., Balkin, Hall andMaltese, JJ., concur.