Where the defendant's answer raises the issue, the plaintiff must prove its standing as part of its prima facie showing on a motion for summary judgment. The plaintiff established, prima facie, that it had standing to foreclose by attaching a copy of the note endorsed in blank to the summons and complaint when the action was commenced. The plaintiff also produced a copy of the mortgage, a copy of the unpaid note, and evidence of default. In opposition, the defendants failed to raise a triable issue of fact. The defendants' contentions regarding the validity of various note and mortgage assignments are irrelevant to the issue of the plaintiff's standing. Where the note is attached to the complaint, it is unnecessary to give factual details of the delivery in order to establish that possession was obtained before a particular date.
Bank of N.Y. Mellon v. Swift, NY Slip Op 00404 (2d Dep't February 1, 2023)
