Where the defendant moves to dismiss the complaint pursuant to CPLR 3211(a)(3) on the ground of lack of standing, the burden is on the moving defendant to establish, prima facie, the plaintiff's lack of standing, rather than on the plaintiff to affirmatively establish its standing in order for the motion to be denied.
Bank of N.Y. Mellon Trust Co v. Pruitt, NY Slip Op 04271 (2d Dep't July 8, 2026)
