In order to establish prima facie entitlement to judgment as a matter of law, the plaintiff must produce the mortgage, the unpaid note, and evidence of the default. Where the answer puts the plaintiff's standing in issue, the plaintiff must prove its standing as part of its prima facie showing. A plaintiff has standing to maintain a mortgage foreclosure action where it is the holder or assignee of the underlying note at the time the action is commenced. The plaintiff meets this burden with proof of either a written assignment of the underlying note or the physical delivery of the note endorsed in blank or specially to it prior to commencing the suit.
31st St. Funding, LLC v. Majostan Corp., NY Slip Op 00974 (2d Dep't February 22, 2023)
