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Bank of N.Y. Mellon v. Burke
Citations: 2017 NY Slip Op 8255; 155 A.D.3d 932; 64 N.Y.S.3d 114Docket: 2016-01801
Court: Appellate Division of the Supreme Court of the State of New York; November 21, 2017; New York; State Appellate Court
Original Court Document: View Document
Bank of New York Mellon initiated a mortgage foreclosure action against James A. Burke and Debra M. Burke, resulting in a decision from the Appellate Division of the Supreme Court of New York on November 22, 2017. The court affirmed a prior order from the Supreme Court, Nassau County, which had granted the plaintiff's motion for summary judgment and an order of reference. The defendants contested the action, asserting several affirmative defenses, including lack of standing. In mortgage foreclosure cases, plaintiffs must prove their standing by demonstrating they are the holders of the note at the time the action commences, either through written assignment or physical delivery of the note. The plaintiff provided sufficient evidence by attaching the endorsed note to the initial complaint and submitting the mortgage documents along with an affidavit from a loan servicer's assistant vice president confirming the borrower's default. The court found that the plaintiff met its burden to establish a prima facie case for summary judgment, as there were no triable issues of fact raised by the defendants in opposition. Consequently, the court upheld the lower court's ruling, granting the plaintiff's request for summary judgment against the defendants.