The defendant executed a note, promising to repay a loan which was secured by a mortgage on real property. The mortgage was subsequently assigned to the plaintiff. The defendant answered the complaint, asserting several affirmative defenses, including that the plaintiff lacked standing. Contrary to the defendant's contention, by annexing to the complaint a copy of the note, endorsed to the plaintiff, the plaintiff established, prima facie, that it had physical possession of the note when it commenced the action, and, therefore, that it had standing to foreclose. Where the note is affixed to the complaint, it is unnecessary to give factual details of the delivery in order to establish that possession was obtained prior to a particular date.
Deutsche Bank Nat'l Trust Co. v. Blackman, NY Slip Op 01289 (2d Dep't March 2, 2022)
