Legal Opinion
Peak Financial Partners, Inc. v. Brook
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2014No. 2013-10188PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendants Joseph Brook and Zahava Brook appeal from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), entered May 14, 2013, which granted the plaintiffs motion for summary judgment on the complaint and denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
“ ‘Where, as here, a plaintiffs standing to commence a foreclosure action is placed in issue by the defendant[s], it is incumbent upon the plaintiff to prove its standing to be entitled…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
- HSBC Bank USA v. HernandezAppellate Division of the Supreme Court of the State of New York · 2012
- Citimortgage, Inc. v. StoselAppellate Division of the Supreme Court of the State of New York · 2011
- Household Bank (SB), N.A. v. MitchellAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- Wells Fargo Bank, National Ass'n v. DeSouzaAppellate Division of the Supreme Court of the State of New York · 2015
- Gemstar Can., Inc. v. George A. Fuller Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- One West Bank, FSB v. DiPilatoAppellate Division of the Supreme Court of the State of New York · 2015
- Engineering & Technical Resources, Inc. v. Xcel Development Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Wells Fargo Bank, N.A. v. BurkeNew York Supreme Court · 2016
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