& Licatesi, P.C., Garden City, NY (Richard H. Rubin and
Amy J. Zamir of counsel), for appellant.
Lovells U.S. LLP, New York, NY (Benjamin P. Jacobs, David
Dunn, and Chava Brandriss of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, HECTOR D.
LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
action to foreclose a mortgage, the defendant John Coppola
appeals, as limited by his brief, from so much of an order of
the Supreme Court, Queens County (Modica, J.), entered July
10, 2015, as granted that branch of the plaintiff's
motion which was for summary judgment on the complaint
insofar as asserted against him and denied his cross motion
for summary judgment dismissing the complaint insofar as
asserted against him.
that the order is affirmed insofar as appealed from, with
as here, a plaintiff's standing to commence a foreclosure
action is placed in issue by a defendant, it is incumbent
upon the plaintiff to prove its standing to be entitled to
relief (see Central Mtge. Co. v Jahnsen, 150 A.D.3d
661, 662-663; Deutsche Bank Trust Co. Ams. v
Garrison, 147 A.D.3d 725, 726; Wells Fargo Bank,
N.A. v Arias, 121 A.D.3d 973, 973-974). 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 (see
Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355,
361-362; Central Mtge. Co. v Jahnsen, 150 A.D.3d at
663; U.S. Bank, N.A. v Collymore, 68 A.D.3d 752,
753-754). "Either a written assignment of the underlying
note or the physical delivery of the note prior to the
commencement of the foreclosure action is sufficient to
transfer the obligation, and the mortgage passes with the
debt as an inseparable incident" (Central Mtge. Co.
v Jahnsen, 150 A.D.3d at 663 [internal quotation marks
omitted]; see Deutsche Bank Trust Co. Ams. v
Garrison, 147 A.D.3d at 726).
the note, indorsed in blank, was annexed to the complaint at
the time the action was commenced, which was sufficient to
establish standing (see Deutsche Bank Natl. Trust Co. v
Carlin, 152 A.D.3d 491, 492; U.S. Bank N.A. v
Saravanan, 146 A.D.3d 1010, 1011; JPMorgan Chase
Bank, N.A. v Weinberger, 142 A.D.3d 643, 645). The
plaintiff further sustained its burden of demonstrating its
prima facie entitlement to judgment as a matter of law by
submitting the mortgage, the note, and proof of the
appellant's default in repaying the mortgage loan
(see U.S. Bank N.A. v Saravanan, 146 A.D.3d at
opposition, the appellant failed to raise a triable issue of
fact and failed to demonstrate his entitlement to judgment as
a matter of law dismissing the complaint insofar as asserted
against him. The appellant's contention that the
affidavit of the vice president of loan documentation for the
plaintiff's loan servicing agent was insufficient to
establish standing, since it failed to give factual details
as to the physical delivery of the note, is without merit.
"There is simply no requirement that an entity in
possession of a negotiable instrument that has been endorsed
in blank must establish how it came into possession of the
instrument in order to be able to enforce it"
(JPMorgan Chase Bank, N.A. v Weinberger, 142 A.D.3d
at 645; see UCC 3-204). "Moreover, it is
unnecessary to give factual details of the delivery in order
to establish that possession was obtained prior to a
particular date" (JPMorgan Chase Bank, N.A. v
Weinberger, 142 A.D.3d at 645; see Aurora Loan
Servs., LLC v Taylor, 25 N.Y.3d at 362).
as a mortgagor whose loan was owned by a trust, the appellant
does not have standing to challenge the plaintiff's
possession or status as assignee of the note based on
purported noncompliance with certain provisions of the
relevant pooling and servicing agreement (see Wells Fargo
Bank, N.A. v Archibald, 150 A.D.3d 935, 936-937;
U.S. Bank N.A. v Saravanan, 146 A.D.3d at 1012).
the Supreme Court properly granted that branch of the
plaintiff's motion which was for summary judgment on the
complaint insofar as asserted against the appellant, and
properly denied the appellant's cross motion for summary