Legal Opinion

Chase Bank USA, N.A. v. Cardello

Civil Court of the City of New York

Decided March 4, 2010PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Philip S. Straniere, J.

*792Upon further review of the above file, the court is amending its prior order dated February 17, 2010 as follows:

The assignment of judgment from Chase Bank USA, N.A. to DebtOne, LLC for the above case must be rejected for the following reasons:

1. The assignment submitted by Chase lacks an acknowledgment as required by the Civil Practice Law and Rules. The CPLR provides: “[CPLR § 5019] (c) Change in judgment creditor. A person other than the party recovering a judgment who becomes entitled to enforce it, shall file ... a copy of the instrument on which…

2Cases cited4 opinions

  1. Tri City Roofers, Inc. v. Northeastern Industrial ParkNew York Court of Appeals · 1984
  2. Monte Carlo, L.L.C. v. YorroNew York District Court · 2003
  3. Ford Motor Credit Co. v. Prestige Gown Cleaning Service, Inc.Civil Court of the City of New York · 2002
  4. Raytsin v. Discover BankAppellate Terms of the Supreme Court of New York · 2004

3Cited by6 opinions

  1. Benaim v. S2 Corona, LLCAppellate Division of the Supreme Court of the State of New York · 2023
  2. Musah v. Houslanger & Associates, PLLCDistrict Court, S.D. New York · 2013
  3. Jacoby & Meyers, LLP v. Presiding Justices of the First, Second, Third & Fourth Departments, Appellate Division of the Supreme CourtDistrict Court, S.D. New York · 2012
  4. Moukengeschaie v. Eltman, Eltman & Cooper, P.C.District Court, E.D. New York · 2017
  5. Winiecki v. Creditors Interchange Receivable Management, LLCDistrict Court, N.D. Illinois · 2014

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