Opinion
9916 Index 32127/17E
09-26-2019
HSBC BANK USA, etc., Plaintiff–Respondent, v. Joseph ZILLITTO also known as Joseph F. Zillitto, et al., Defendants–Appellants, JP Morgan Chase Bank, N.A., et al., Defendants.
The Law Offices of Lawrence Katz, Valley Stream (Lawrence Katz of counsel), for appellants. Reed Smith LLP, New York (David G. Murphy of counsel), for respondent.
The Law Offices of Lawrence Katz, Valley Stream (Lawrence Katz of counsel), for appellants.
Reed Smith LLP, New York (David G. Murphy of counsel), for respondent.
Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.
Plaintiff bank established its standing to foreclose on the mortgage by attaching a copy of the consolidated note, the dispositive instrument conveying standing, at the time it commenced the action (see Wells Fargo Bank N.A. v. Ho–Shing , 168 A.D.3d 126, 131–132, 92 N.Y.S.3d 194 [1st Dept. 2019] ). The relevant documents make clear that the consolidated note superseded the original notes, and there is no dispute that the Bank held and sought foreclosure based on that consolidated note.
Defendants' argument regarding plaintiff's alleged non-compliance with RPAPL 1304 is unpreserved for review (see Albany Eng'g. Corp. v. Hudson Riv./Black Riv. Regulating Dist. , 110 A.D.3d 1220, 1223, 973 N.Y.S.2d 391 [3d Dept. 2013] ).
We have considered defendants' remaining contentions and find them unavailing.