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BRUNNER v. ESTATE OF CHAIM LAX

651013/14, 521, 520, 519, 518.

137 A.D.3d 553 (2016)

27 N.Y.S.3d 148

2016 NY Slip Op 01782

JOSEPH BRUNNER et al., Respondents, v. ESTATE OF CHAIM LAX, et al., Appellants, et al., Defendants.

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

Decided March 15, 2016.

Defendants failed to meet their burden on this pre-answer motion to dismiss pursuant to CPLR 3211 (a) (3) to establish prima facie that plaintiffs have no standing to sue on the promissory note (see Deutsche Bank Trust Co. Ams. v Vitellas, 131 A.D.3d 52, 59-60 [2d Dept 2015]). Defendants contend that the note had not been validly assigned to plaintiffs prior to the commencement of this action (see Carlin v Jemal,

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