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U.S. BANK NATIONAL ASSOCIATION v. CHANIN

2015-01420, Index No. 7265/09.

144 A.D.3d 1131 (2016)

2016 NY Slip Op 08064

41 N.Y.S.3d 431

U.S. BANK NATIONAL ASSOCIATION, as Trustee for TERWIN MORTGAGE TRUST 2004-21HE, ASSET-BACKED CERTIFICATES, SERIES 2004-21HE, Appellant, v. NECHAMA CHANIN et al., Respondents, et al., Defendants.

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

Decided November 30, 2016.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Nechama Chanin and Zalman Chanin pursuant to CPLR 3211 (a) to dismiss the amended complaint insofar as asserted against them is denied.

"A plaintiff establishes its standing in a mortgage foreclosure action by demonstrating that, when the action was commenced, it was either the holder or assignee of the underlying note" (Dyer...

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