| Deutsche Bank Natl. Trust Co. v Leigh |
| 2016 NY Slip Op 01635 [137 AD3d 841] |
| March 9, 2016 |
| Appellate Division, Second Department |
[*1]
| Deutsche Bank National Trust Company, as Trustee forMorgan Stanley ABS Capital I Inc. Trust 2007-HE7, Respondent, v Lana Leigh,Appellant, et al., Defendants. |
Charles H. Wallshein, Melville, NY, for appellant.
Houser & Allison, APC, New York, NY (Jacquelyn A. DiCicco of counsel), forrespondent.
In an action to foreclose a mortgage, the defendant Lana Leigh appeals, as limited byher brief, from (1) stated portions of an order of the Supreme Court, Nassau County(Adams, J.), dated June 29, 2014, and (2) so much of an order of the same court, alsodated June 29, 2014, as granted that branch of the plaintiff's motion which was forsummary judgment on the complaint.
Ordered that the appeal from the first order dated June 29, 2014 is dismissed, as thatorder was superseded by the second order dated June 29, 2014; and it is further,
Ordered that the second order dated June 29, 2014 is affirmed insofar as appealedfrom; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
In this action to foreclose a mortgage, the complaint alleges, in relevant part, that theplaintiff is the holder of a certain note signed by the appellant on February 23, 2007,which was secured by a mortgage on the subject property. The Supreme Court, inter alia,granted that branch of the plaintiff's motion which was for summary judgment on thecomplaint. On appeal, the appellant contends that the plaintiff failed to establish itsstanding to maintain this action.
Contrary to the appellant's contention, the plaintiff established its standing as theholder of the note and mortgage by demonstrating that the note was in its possession andthe mortgage had been assigned to it prior to the commencement of the action, asevidenced by its attachment of the endorsed note, the mortgage, and the mortgageassignment to the summons and complaint at the time the action was commenced (see Nationstar Mtge., LLC vCatizone, 127 AD3d 1151, 1152 [2015]).
In opposition to the plaintiff's prima facie showing of entitlement to judgment as amatter of law, the appellant failed to raise a triable issue of fact (see Deutsche Bank Natl. Trust Co.v Abdan, 131 AD3d 1001 [2015]; One W. Bank, FSB v DiPilato, 124 AD3d 735 [2015]). Theappellant's remaining contention is without merit. Accordingly, the Supreme Courtproperly granted that branch [*2]of the plaintiff's motionwhich was for summary judgment on the complaint (see Alvarez v ProspectHosp., 68 NY2d 320 [1986]). Mastro, J.P., Chambers, Miller and Hinds-Radix, JJ.,concur.