Narrative Opinion Summary
In this case, the appellant contested a Supreme Court of Nassau County order that granted summary judgment to PE-NC, LLC in a mortgage foreclosure action and denied her motion to dismiss the complaint under CPLR 3211(a). Originally initiated by Greenpoint Mortgage Corp., the note and mortgage underwent several assignments, eventually reaching Plaza Equities, LLC, represented by PE-NC. For summary judgment, the plaintiff was required to present the mortgage, the unpaid note, and evidence of default. Additionally, standing was contested, necessitating proof of the original plaintiff's standing at the action's commencement. The court held that the plaintiff met all requirements, establishing standing through assignment documentation and showing default. The defendant's arguments for dismissal were found to lack merit, leading to the affirmation of the order by the appellate court. Consequently, the court's decision imposed one bill of costs, with all judges concurring in the judgment.
Legal Issues Addressed
Dismissal of Complaint under CPLR 3211(a)subscribe to see similar legal issues
Application: The defendant's cross motion to dismiss the complaint was denied due to lack of merit in the arguments presented.
Reasoning: Lamberti’s additional arguments were deemed without merit.
Standing in Mortgage Foreclosure Actionssubscribe to see similar legal issues
Application: The plaintiff successfully demonstrated standing in the foreclosure action by proving that the original plaintiff had proper standing at the commencement of the action.
Reasoning: PE-NC successfully established that Plaza had standing by showing that Greenpoint Mortgage Corp. had proper standing at the commencement of the action.
Summary Judgment in Mortgage Foreclosuresubscribe to see similar legal issues
Application: The court granted summary judgment in favor of the plaintiff in a mortgage foreclosure action by establishing possession of the mortgage, unpaid note, and proof of default.
Reasoning: To obtain summary judgment in a foreclosure case, a plaintiff must provide the mortgage, the unpaid note, and proof of default.