OneWest Bank FSB v. Carey

Order, Supreme Court, New York County (Carol E. Huff, J.), entered October 7, 2011, which denied defendant Gregory Carey’s motion to dismiss the complaint, unanimously affirmed, without costs.

*445“In a mortgage foreclosure action, a plaintiff has standing where it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action is commenced” (U.S. Bank, N.A. v Collymore, 68 AD3d 752, 753 [2d Dept 2009]). Here, the evidence submitted in opposition to defendant’s motion, including the affidavit from plaintiffs employee, established that…