HSBC Bank, USA v. Hagerman
| Decision Date | 08 July 2015 |
| Parties | HSBC BANK, USA, etc., respondent, v. Robert HAGERMAN, et al., defendants, Annmarie Hagerman, etc., appellant. |
| Court | New York Supreme Court — Appellate Division |
130 A.D.3d 683
11 N.Y.S.3d 865 (Mem)
2015 N.Y. Slip Op. 05912
HSBC BANK, USA, etc., respondent
v.
Robert HAGERMAN, et al., defendants
Annmarie Hagerman, etc., appellant.
Supreme Court, Appellate Division, Second Department, New York.
July 8, 2015.
Hanna & Vlahakis, Brooklyn, N.Y. (Derrick Hanna of counsel), for appellant.
Hogan Lovells U.S. LLP, New York, N.Y. (David Dunn, Chava Brandriss, and Michelle L. Moshe of counsel), for respondent.
Opinion
In an action to foreclose a mortgage, the defendant Annmarie Hagerman appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated November 12, 2013, as granted that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against her.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff established its prima facie entitlement to judgment as a matter of law on the complaint insofar as asserted against the defendant Annmarie Hagerman (hereinafter the
appellant) by producing the mortgage, the note, and evidence of default (see Deutsche Bank Natl. Trust Co. v. Islar, 122 A.D.3d 566, 567, 996 N.Y.S.2d 130 ). Although the appellant placed the plaintiff's standing to commence the action in issue, the evidence the plaintiff submitted established that it had standing as both the holder and the assignee of the subject note and mortgage at the time the action was commenced (see Aurora Loan Servs., LLC v. Taylor , 25 N.Y.3d 355, 12 N.Y.S.3d 612, 34 N.E.3d 363, 2015 N.Y. Slip Op. 04872, *3–4 [2015]; HSBC Bank USA, N.A. v. Baptiste, 128 A.D.3d 773, 10 N.Y.S.3d 255 ; cf. Wells Fargo Bank, NA v. Burke, 125 A.D.3d 765, 766, 5 N.Y.S.3d 107 ). In opposition, the appellant's bald assertion of forgery was not sufficient to raise a triable issue of fact (see Banco Popular N. Am. v. Victory Taxi Mgt., 1 N.Y.3d 381, 384, 774 N.Y.S.2d 480, 806 N.E.2d 488 ; ...
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...note, and evidence of default (see Deutsche Bank Natl. Trust Co. v. Abdan , 131 A.D.3d 1001, 16 N.Y.S.3d 459 ; HSBC Bank, USA v. Hagerman , 130 A.D.3d 683, 11 N.Y.S.3d 865 ; Plaza Equities, LLC v. Lamberti , 118 A.D.3d 688, 986 N.Y.S.2d 843 ). Additionally, in a residential foreclosure acti......
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...Bank Natl. Trust Co. v. Abdan, 131 A.D.3d 1001, 1002, 16 N.Y.S.3d 459 [internal quotation marks omitted]; see HSBC Bank, USA v. Hagerman, 130 A.D.3d 683, 683–684, 11 N.Y.S.3d 865 ; Plaza Equities, LLC v. Lamberti, 118 A.D.3d 688, 689, 986 N.Y.S.2d 843 ). However, where, as here, a plaintiff......
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...note, and evidence of default (see Deutsche Bank Natl. Trust Co. v. Abdan, 131 A.D.3d 1001, 16 N.Y.S.3d 459 ; HSBC Bank, USA v. Hagerman, 130 A.D.3d 683, 683–684, 11 N.Y.S.3d 865 ; Plaza Equities, LLC v. Lamberti, 118 A.D.3d 688, 689, 986 N.Y.S.2d 843 ). Additionally, where, as here, a defe......
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