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RESIDENTIAL CREDIT SOLUTIONS, INC. v. GOULD

381264/10, 8286, 8285.

171 A.D.3d 638 (2019)

101 N.Y.S.3d 2

2019 NY Slip Op 03266

Residential Credit Solutions, Inc., Respondent, v. Leonard Jay Gould, Appellant, et al., Defendants.

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

Decided April 30, 2019.

Plaintiff cannot establish that the note was assigned to it by a written assignment prior to commencement of foreclosure proceedings. Therefore, it must "adequately prove[ ] that it did, indeed, have possession of the note prior to commencement of this action" (Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 362 [2015]). A conclusory statement in an affidavit will not suffice (Wells Fargo Bank, N.A. v Jones,

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