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CARLIN v. JEMAL

1335, 113396/07

68 A.D.3d 655 (2009)

2009 NY Slip Op 9695

891 N.Y.S.2d 391

MARTIN CARLIN, Appellant, v. STEPHAN JEMAL, Individually and as Member or Manager of SSJ DEVELOPMENT, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 29, 2009.

Regardless of whether plaintiff is a "holder in due course" (see UCC 3-302), a mere "holder" (see UCC 1-201 [20]), or only an "assignee" or "transferee" (see National Bank of N. Am. v Flushing Natl. Bank, 72 A.D.2d 538, 539 [1979]; Phoenix Global Ventures, LLC v Phoenix Hotel Assoc., Ltd., 10 Misc.3d 1066[A], 2006 NY Slip Op 50007[U] [Sup Ct, NY County 2006]), he has standing to bring this action (see...

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