Legal Opinion

W & H Equities LLC v. Odums

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

Decided January 29, 2014PublishedCited by 18 opinions

1Opinion of the Court

Contrary to the appellant’s contention, the original plaintiff, Greenpoint Mortgage Funding, Inc. (hereinafter Greenpoint), had standing to commence the action because it was the holder of the mortgage and the underlying note when it commenced the action (see Bank of N.Y. v Silverberg, 86 AD3d 274, 279 [2011]; U.S. Bank N.A. v Pia, 73 AD3d 752, 753 [2010]). Subsequently, Greenpoint assigned the mortgage and note to W *841& H Equities, LLC (hereinafter W & H), and the Supreme Court properly granted that branch of W & H’s motion which was to substitute W & H as the plaintiff in the action (cf.…

2Cases cited5 opinions

  1. Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
  2. Mortgage Electronic Registration System, Inc. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2007
  3. SO/Bluestar, LLC v. Canarsie Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Wells Fargo Bank, N.A. v. WebsterAppellate Division of the Supreme Court of the State of New York · 2009
  5. U.S. Bank National Ass'n v. PiaAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by18 opinions

  1. Plaza Equities, LLC v. LambertiAppellate Division of the Supreme Court of the State of New York · 2014
  2. Midfirst Bank v. AghoAppellate Division of the Supreme Court of the State of New York · 2014
  3. Brighton BK, LLC v. KurbatskyAppellate Division of the Supreme Court of the State of New York · 2015
  4. Nationstar Mortgage, LLC v. WongAppellate Division of the Supreme Court of the State of New York · 2015
  5. US Bank National Ass'n v. MaderoAppellate Division of the Supreme Court of the State of New York · 2015

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