| Bank of N.Y. Mellon v Johnson |
| 2019 NY Slip Op 02999 [171 AD3d 601] |
| April 23, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The Bank of New York Mellon, Formerly Known as The Bank
of New York, as Indenture Trustee for Newcastle Mortgage Securities Trust 2007-1,
Appellant, v Mark Johnson, Also Known as Mark A. Johnson, Respondent, et al., Defendants. |
Sandelands Eyet, LLP, New York (Kathleen Cavanaugh of counsel), for appellant.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 11, 2017, which, in this mortgage foreclosure action, denied plaintiff's motion for summary judgment and related relief, unanimously affirmed, without costs.
Issues of fact exist on the issue of standing because there are unexplained discrepancies in the copy of the note attached to the complaint. Although the word "copy" had been stamped on the note, it was crossed out on the first page, but not the other pages and the word "copy" was typewritten on some of the riders. None of these discrepancies were explained or addressed in the affidavit, making it unclear whether plaintiff possessed the original note when this action was commenced (see Aurora Loan Servs., LLC v Taylor, 25 NY3d 355, 361 [2015]).
We have considered the remaining arguments by appellant and find them unavailing. Concur—Renwick, J.P., Gische, Webber, Singh, JJ.