U.S. Bank v. Fabbro

1 Citing case

  1. Christiana Tr. v. Rashid

    2024 N.Y. Slip Op. 3404 (N.Y. App. Div. 2024)

    Contrary to the defendant's contention, the Supreme Court properly determined that JPMorgan had standing to commence this action. Where, as here, a defendant places standing in issue, the plaintiff must prove its standing in order to be entitled to relief (see U.S. Bank N.A. v Fabbro, 192 A.D.3d 1178, 1178; 21st Mtge. Corp. v Broderick, 191 A.D.3d 744, 746). "A plaintiff has standing in a mortgage foreclosure action when it is the holder or assignee of the underlying note at the time the action is commenced" (U.S. Bank N.A. v Fabbro, 192 A.D.3d at 1179; see Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361).