| HSBC Bank USA v Zillitto |
| 2019 NY Slip Op 06858 [175 AD3d 1208] |
| September 26, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| HSBC Bank USA, Respondent, v Joseph Zillitto, Also Known as Joseph F. Zillitto, et al., Appellants, et al., Defendants. |
The Law Offices of Lawrence Katz, Valley Stream (Lawrence Katz of counsel), for appellants.
Reed Smith LLP, New York (David G. Murphy of counsel), for respondent.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on October 30, 2018, which granted plaintiff's motion for summary judgment, unanimously affirmed, without costs.
Plaintiff bank established its standing to foreclose on the mortgage by attaching a copy of the consolidated note, the dispositive instrument conveying standing, at the time it commenced the action (see Wells Fargo Bank N.A. v Ho-Shing, 168 AD3d 126, 131-132 [1st Dept 2019]). The relevant documents make clear that the consolidated note superseded the original notes, and there is no dispute that the Bank held and sought foreclosure based on that consolidated note.
Defendants' argument regarding plaintiff's alleged non-compliance with RPAPL 1304 is unpreserved for review (see Albany Eng'g Corp. v Hudson River/Black Riv. Regulating Dist., 110 AD3d 1220, 1223 [3d Dept 2013]).
We have considered defendants' remaining contentions and find them unavailing. Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.