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JPMORGAN CHASE BANK v. KABA

2366, 6873/05.

145 A.D.3d 443 (2016)

2016 NY Slip Op 08116

41 N.Y.S.3d 706

JPMORGAN CHASE BANK, Formerly Known as THE CHASE MANHATTAN BANK, Appellant, v. MAMADI KABA, Respondent, et al., Defendants.

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

Decided December 1, 2016.

The motion court did not have the benefit of Aurora Loan Servs., LLC v Taylor (25 N.Y.3d 355 [2015]), which said, "to have standing, it is not necessary to have possession of the mortgage at the time the action is commenced.... [T]he note, and not the mortgage, is the dispositive instrument that conveys standing to foreclose under New York law" (id. at 361). Therefore, the court...

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