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CADLEROCK JOINT VENTURE II, L.P. v. SINGH

45, 107314/09

135 A.D.3d 646 (2016)

24 N.Y.S.3d 268

2016 NY Slip Op 00589

CADLEROCK JOINT VENTURE II, L.P., Appellant, v. SARITA SINGH, Respondent.

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

Decided January 28, 2016.

Summary judgment was properly denied. Even assuming that defendant's signature on the note was genuine (see UCC 3-307[1]), plaintiff failed to meet its prima facie burden of showing that it owned the note. Plaintiff claims that nonparty Wells Fargo Bank South Dakota, N.A., the original holder of the note, assigned it to nonparty Cadleway Properties, Inc. and that Cadleway Properties assigned the note to it. However, the...

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