Friday, December 16, 2016

Plaintiff's standing in a note action.

Once defendant made plaintiff's standing an issue, it was plaintiff's burden to establish standing by showing physical possession of the note prior to commencement of the action. Plaintiff attached the note, which was annexed to the certificate of merit, to its complaint. While the averments in the certificate of merit were insufficient to establish delivery and possession, the fact that the note was in plaintiff's possession at the time of commencement, as evidenced by its attachment to the complaint, was sufficient.

Case:  Deutsche Bank Natl. Trust Co. v. Umeh, NY Slip Op 08305 (1st Dep't December 8, 2016)

Here is the decision.

Monday's issue:  Dismissal of claims pursuant to CPLR 3215(c).