Legal Opinion

Wells Fargo Bank, N.A. v. Arias

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

Decided October 22, 2014No. 2013-06378PublishedCited by 62 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants Jorge Arias and Cynthia Conklin appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Loehr, J.), entered April 24, 2013, as granted that branch of the plaintiffs motion which was for summary judgment dismissing their affirmative defense of lack of standing.

Ordered that the order is affirmed insofar as appealed from, with costs.

“Where, as here, a plaintiffs standing to commence a foreclo sure action is placed in issue by the defendant, it is incumbent upon the plaintiff to prove its standing to…

2Cases cited2 opinions

  1. Kondaur Capital Corp. v. McCaryAppellate Division of the Supreme Court of the State of New York · 2014
  2. Citimortgage, Inc. v. StoselAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by62 opinions

  1. Deutsche Bank Trust Co. Americas v. GarrisonAppellate Division of the Supreme Court of the State of New York · 2017
  2. Deutsche Bank National Trust Co. v. AbdanAppellate Division of the Supreme Court of the State of New York · 2015
  3. Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015
  4. HSBC Bank USA, N.A. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2015
  5. Hudson City Savings Bank v. GenuthAppellate Division of the Supreme Court of the State of New York · 2017

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