The defendant appeals from these orders. Where, as here, the issue of standing is raised by a defendant, a plaintiff must prove its standing in order to be entitled to relief (see HSBC Bank USA, N.A. v. Roumiantseva, 130 A.D.3d 983, 983, 15 N.Y.S.3d 117 ; HSBC Bank USA, N.A. v. Calderon, 115 A.D.3d 708, 709, 981 N.Y.S.2d 598 ; Bank of N.Y. v. Silverberg, 86 A.D.3d 274, 279, 926 N.Y.S.2d 532 ). "A plaintiff establishes its standing in a mortgage foreclosure action by demonstrating that it is either the holder or assignee of the underlying note at the time the action is commenced" ( Wells Fargo Bank, N.A. v. Gallagher, 137 A.D.3d 898, 899, 28 N.Y.S.3d 84 ; see Aurora Loan Servs., LLC v. Taylor, 25 N.Y.3d 355, 360–362, 12 N.Y.S.3d 612, 34 N.E.3d 363 ). "Either a written assignment of the underlying note or the physical delivery of the note prior to the commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident" ( U.S. Bank, N.A. v. Collymore, 68 A.D.3d 752, 754, 890 N.Y.S.2d 578 ; see JPMorgan Chase Bank, N.A. v. Weinberger, 142 A.D.3d 643, 644–645, 37 N.Y.S.3d 286 ). Here, contrary to the defendant's contention, the plaintiff established, prima facie, that it had standing to commence this action.

The defendant appeals from these orders. Where, as here, the issue of standing is raised by a defendant, a plaintiff must prove its standing in order to be entitled to relief (see HSBC Bank USA, N.A. v Roumiantseva, 130 AD3d 983, 983; HSBC Bank USA, N.A. v Calderon, 115 AD3d 708, 709; Bank of N.Y. v Silverberg, 86 AD3d 274, 279). "A plaintiff establishes its standing in a mortgage foreclosure action by demonstrating that it is either the holder or assignee of the underlying note at the time the action is commenced" (Wells Fargo Bank, N.A. v Gallagher, 137 AD3d 898, 899; see Aurora Loan Servs., LLC v Taylor, 25 NY3d 355, 360-362). "Either a written assignment of the underlying note or the physical delivery of the note prior to the commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident" (U.S. Bank, N.A. v Collymore, 68 AD3d 752, 754; see JPMorgan Chase Bank, N.A. v Weinberger, 142 AD3d 643, 644-645).

Regarding the purported assignment of the note and mortgage, the assignment from MERS to the plaintiff dated August 7, 2009, transferred only the mortgage and, thus, the plaintiff failed to demonstrate that the note had also been assigned at that time ( cf. Mortgage Elec. Registration Sys., Inc. v. Coakley, 41 A.D.3d 674, 838 N.Y.S.2d 622). Further, the plaintiff's contention that the unsigned excerpt from a Pooling and Servicing Agreement dated May 1, 2006, constituted a written assignment of the note is improperly raised for the first time on appeal and, thus, is not properly before this Court ( see HSBC Bank USA, Natl. Assn. v. Calderon, 115 A.D.3d 708, 981 N.Y.S.2d 598). Accordingly, the Supreme Court properly, in effect, denied that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against Faruque, since the plaintiff failed to establish, prima facie, that it had standing to commence the action ( see Homecomings Fin., LLC v. Guldi, 108 A.D.3d 506, 509, 969 N.Y.S.2d 470).

Plaintiff has done so here. When a defendant raises standing as a defense in a mortgage foreclosure action, the plaintiff must also prove that it was the holder or assignee of the promissory note at the time of commencement of the action (Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361 [2015]; HSBC Bank USA, N.A. v Roumiantseva, 130 A.D.3d 983, 983-984; HSBC Bank USA, N.A. v Calderon, 115 A.D.3d 708, 709; Bank of NY v Silverberg, 86 A.D.3d 274, 279).

However, where a defendant has affirmatively pleaded standing in the Answer, the plaintiff must prove standing in order to prevail. Bank of New York Mellon v. Gordon , 171 A.D.3d 197, 202, 97 N.Y.S.3d 286, 2019 N.Y. Slip Op. 02306, 2019 WL 1372075, at *3 [2nd Dept. March 27, 2019] (citing HSBC Bank USA, N.A. v. Roumiantseva , 130 A.D.3d 983, 983—984, 15 N.Y.S.3d 117 ; HSBC Bank USA, N.A. v. Calderon , 115 A.D.3d 708, 709, 981 N.Y.S.2d 598 ; Bank of NY v. Silverberg , 86 A.D.3d 274, 279, 926 N.Y.S.2d 532 ).

A foreclosure plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and evidence of default (see Wells Fargo Bank, N.A. v Erobobo, 127 AD3d 1176, 1176 [2d Dept 2015]; Argent Mtge. Co., LLC v Mentesana, 79 AD3d 1079, 1080 [2d Dept 2010]). Where, as here, the issue of standing is raised by a defendant, a plaintiff must prove its standing in order to be entitled to relief (see HSBC Bank USA, N.A. v Roumiantseva, 130 AD3d 983, 983 [2d Dept 2015]; HSBC Bank USA, N.A. v Calderon, 115 AD3d 708, 709 [2d Dept 2014]). A plaintiff has standing in a mortgage foreclosure action where it is the holder or assignee of the underlying note at the time the action is commenced (see Aurora Loan Servs., LLC v Taylor, 25 NY3d 355, 361 [2015]).