April 1, 2020

Standing in a mortgage foreclosure action.

A plaintiff's filing of a copy of the note as an attachment to the complaint is prima facie evidence of the plaintiff's standing. Here, a copy of the note was attached to the certificate of merit, which was filed together with the summons and complaint. This establishes, prima facie, the plaintiff's standing, by demonstrating that it had physical possession of the note when it commenced the action.

Deutsche Bank Nat'l Trust Co., v. Bowens, NY Slip Op 02040 (2d Dep't March 26, 2020)

Here is the decision.