Plaza Equities, LLC v. Lamberti

• Court: New York Supreme Court — Appellate Division
• Citation: Plaza Equities, LLC v. Lamberti, 2014 NY Slip Op 3996, 118 A.D.3d 688, 986 N.Y.S.2d 843 (N.Y. App. Div. 2014)
• Decision Date: 04 June 2014
• Parties: PLAZA EQUITIES, LLC, et al., respondents, v. Mary M. LAMBERTI, appellant, et al., defendants.

118 A.D.3d 688

986 N.Y.S.2d 843

2014 N.Y. Slip Op. 03996

PLAZA EQUITIES, LLC, et al., respondents,

v.Mary M. LAMBERTI, appellant, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

June 4, 2014.

R. Bertil Peterson, Lake Success, N.Y., for appellant.

Jaspan Schlesinger, LLP, Garden City, N.Y. (Scott B. Fisher of counsel), for Greenpoint Mortgage Funding, Inc., as successor in interest to respondent Greenpoint Mortgage Corp.

Lawrence & Walsh, P.C., Hempstead, N.Y. (Eric P. Wainer of counsel), for PE–NC, LLC, successor by assignment to respondent Plaza Equities, LLC.

In an action to foreclose a mortgage, the defendant Mary M. Lamberti appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered January 9, 2013, which, inter alia, granted that branch of the motion of PE–NC, LLC, successor by assignment to Plaza Equities, LLC, which was for summary judgment on the complaint insofar as asserted against her and denied her cross motion, inter alia, to dismiss the complaint pursuant to CPLR 3211(a).

ORDERED that the order is affirmed, with one bill of costs.

In this action to foreclose on a mortgage, the original plaintiff, Greenpoint Mortgage Corp., was the holder of a note and a mortgage when it commenced this action. Thereafter, the mortgage and the note were assigned several times, and subsequently were assigned to the plaintiff Plaza Equities, LLC (hereinafter Plaza) ( see Greenpoint Mtge. Corp. v. Lamberti, 94 A.D.3d 815, 941 N.Y.S.2d 864). PE–NC, LLC (hereinafter PE–NC), as successor by assignment to Plaza, moved for summary judgment on the complaint.

Generally, in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default ( see MLCFC 2007–9 Mixed Astoria, LLC v. 36–02 35th Ave. Dev., LLC, 116 A.D.3d 745, 983 N.Y.S.2d 604;U.S. Bank N.A. v. Denaro, 98 A.D.3d 964, 965, 950 N.Y.S.2d 581). When, however, the defendant has placed standing in issue, the plaintiff must establish proper standing as part of its prima facie case ( see MLCFC 2007–9 Mixed Astoria, LLC v. 36–02 35th Ave. Dev., LLC, 116 A.D.3d at 745, 983 N.Y.S.2d 604;cf. Bank of N.Y. v. Silverberg, 86 A.D.3d 274, 279, 926 N.Y.S.2d 532). Here, PE–NC, as successor by assignment to Plaza, established, prima facie, Plaza's entitlement to judgment as a matter of law by demonstrating, in addition to all...