Tuesday, August 4, 2015

A CPLR 1018 motion to substitute a nonparty as plaintiff, and to amend the caption accordingly.

Practice point:  The Appellate Division affirmation the granting of the motion based on plaintiff's submission of evidence that the note at issue was in Nationstar's possession, that the mortgage was assigned to Nationstar after the action was commenced, and that, therefore, Nationstar is the real plaintiff in interest.

Student note:  The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court.

Case:  Aurora Loan Servs., LLC v. Lopa, NY Slip Op 06303 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Denial of motion for summary judgment, with leave to renew.