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ENHANCED ACQUISITIONS II, LLC v. McSAM TRIBECA, LLC

2014-05627, Index Nos. 507168/13, 507174/13.

141 A.D.3d 506 (2016)

33 N.Y.S.3d 910

ENHANCED ACQUISITIONS II, LLC, Respondent, v. MCSAM TRIBECA, LLC, et al., Appellants, et al., Defendants. (Action No. 1.) ENHANCED ACQUISITIONS II, LLC, Respondent, v. SARLA SAI, LLC, et al., Appellants, et al., Defendants. (Action No. 2.)

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

Decided July 6, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants made pre-answer motions, inter alia, pursuant to CPLR 3211 (a) to dismiss the complaints insofar as asserted against them on the ground that the plaintiff lacked standing to maintain the mortgage foreclosure actions against them. Accordingly, the burden was on the appellants to establish, prima facie, that the plaintiff lacked standing (see Deutsche Bank Trust Co. Ams. v Vitellas...

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