Practice point: Where a defendant challenges the plaintiff's standing to maintain the action, the plaintiff must prove standing as part of its prima facie showing of entitlement to judgment as a matter of law. A plaintiff establishes standing by demonstrating that it is the holder or assignee of the underlying note at the time the action is commenced.
Student note: A plaintiff in a mortgage foreclosure action establishes its prima facie
entitlement to judgment as a matter of law by producing the mortgage,
the unpaid note, and evidence of the defendant's default.
Case: LNV Corp. v. Francois, NY Slip Op 09655 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Calculating interest.
