Legal Opinion

Bank of New York Mellon Trust Co. v. Sachar

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 2012PublishedCited by 17 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 11, 2011, which, inter alia, granted plaintiff’s motion for summary judgment on its complaint as against defendant Sachar, unanimously affirmed, without costs.

Plaintiff proved its standing to commence this foreclosure action by demonstrating that it was both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action was commenced (see U.S. Bank, *696N.A. v Collymore, 68 AD3d 752 [2009]). Defendant is correct that, although Mortgage Electronic Registration…

2Cases cited2 opinions

  1. U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
  2. Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by17 opinions

  1. Aurora Loan Services v. Monique TaylorNew York Court of Appeals · 2015
  2. Wells Fargo Bank, N.A. v. JonesAppellate Division of the Supreme Court of the State of New York · 2016
  3. Barnett v. Countrywide Bank, FSBDistrict Court, E.D. New York · 2014
  4. U.S. Bank N.A. Ex Rel. Sasco Mortgage Loan Trust 2007-RNP1 v. AskewAppellate Division of the Supreme Court of the State of New York · 2016
  5. Wilmington Trust Co. v. WalkerAppellate Division of the Supreme Court of the State of New York · 2017

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