New York Supreme and/or Appellate Courts Appellate Division, First Department
March 5, 2013
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, P LAINTIFF-RESPONDENT,
DEFENDANT-APPELLANT, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK, ET AL.,
JP Morgan Chase Bank v Shapiro
Decided on March 5, 2013
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Moskowitz, Richter, Gische JJ.
Order, Supreme Court, New York County (Carol E. Huff, J.), entered August 11, 2010, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for summary judgment, unanimously affirmed, without costs.
Plaintiff submitted proof of the existence of a mortgage and of default. This constituted a prima facie showing of entitlement to summary judgment in this foreclosure action (see Deutsche Bank Natl. Trust Co. v Gordon, 84 AD3d 443 [1st Dept 2011]; Bank Leumi Trust Co. of N.Y. v Lightning Park, 215 AD2d 246, 247 [1st Dept 1995]). The underlying mortgage and note were originally held by Washington Mutual Bank, FA (WAMU). Plaintiff submitted the affidavit of an employee who identified herself as having personal knowledge of, inter alia, plaintiff's status as successor-in-interest to WAMU and defendant Saadia Shapiro's default. This was based upon her review of plaintiff's books and records and its account records regarding Shapiro's delinquent account (see CPLR 3212[b]). In opposition, Shapiro failed to raise a triable issue of fact.
Indeed, this Court recently recognized plaintiff's status as WAMU's successor-in-interest for all of its loans and loan commitments, with standing to foreclose on mortgages formerly held by WAMU (see JP Morgan Chase Bank N.A. v Miodownik, 91 AD3d 546, 547 [1st Dept 2012], lv dismissed 19 NY3d 1017 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 5, 2013
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