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DEUTSCHE BANK NATIONAL TRUST CO. v. UMEH

2428, 381221/13.

145 A.D.3d 497 (2016)

2016 NY Slip Op 08305

41 N.Y.S.3d 882

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. MICAH UMEH, Appellant, et al., Defendants.

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

Decided December 8, 2016.

Once defendant placed plaintiff's standing into issue, it was plaintiff's burden to establish its standing by showing physical possession of the note prior to commencement of the action (see Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361 [2015]). Here, plaintiff attached the note, which was annexed to the certificate of merit, to its complaint. While the averments in the certificate of merit were insufficient to establish delivery...

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