Legal Opinion
CWCapital Asset Management LLC v. Charney-FPG 114 41st Street
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2011PublishedCited by 4 opinions
1Opinion of the Court
Amended order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 10, 2010, which granted plaintiffs motion for appointment of a temporary receiver in a mortgage foreclosure action, unanimously affirmed, with costs. Orders, same court and Justice, entered January 22, 2010, unanimously dismissed, without costs, as superseded by the March 10, 2010 order.
Although a plaintiff in a foreclosure action must generally establish ownership of the mortgage and mortgage note (see Witelson v Jamaica Estates Holding Corp. I, 40 AD3d 284 [2007]), and the plaintiff in this action does not…
2Cases cited4 opinions
- Mortgage Electronic Registration System, Inc. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2007
- US Bank National Ass'n v. MaderoAppellate Division of the Supreme Court of the State of New York · 2011
- Fairbanks Capital Corp. v. NagelAppellate Division of the Supreme Court of the State of New York · 2001
- Witelson v. Jamaica Estates Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by4 opinions
- 21st Mortgage Corp. v. AdamesAppellate Division of the Supreme Court of the State of New York · 2017
- Wells Fargo Bank v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2012
- CWCapital Asset Management, LLC v. Great Neck Towers, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- CWCapital Asset Management, LLC v. Great Neck Towers, LLCAppellate Division of the Supreme Court of the State of New York · 2012