Legal Opinion
First Trust National Ass'n v. Meisels
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1996PublishedCited by 9 opinions
1Opinion of the Court
—In an action to foreclose a mortgage, the appellant appeals from an order of the Supreme Court, Kings County (Garry, J.), dated August 15, 1995, which granted the plaintiffs motion to strike her answer, affirmative defenses, and counterclaims, and denied her cross motion to dismiss the action insofar as asserted against her.
Ordered that the order is affirmed, with costs.
Contrary to the appellant’s contention, the plaintiff was both the assignee of the mortgage and, by indorsement, the holder of the underlying note at the time the foreclosure action was commenced. Accordingly, the plaintiff…
2Cases cited2 opinions
- Slutsky v. Blooming Grove Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Kluge v. FugazyAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by9 opinions
- U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
- Wells Fargo Bank, N.A. v. MarchioneAppellate Division of the Supreme Court of the State of New York · 2009
- Nationstar Mortgage, LLC v. CatizoneAppellate Division of the Supreme Court of the State of New York · 2015
- Countrywide Home Loans, Inc. v. GressAppellate Division of the Supreme Court of the State of New York · 2009
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