Countrywide Home Loans, Inc. v. Gress
Opinion of the Court
Contrary to the plaintiff’s contention, the Supreme Court properly granted that branch of the motion of the defendant Anthony Gress which was to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211 (a) (3) on the ground that the plaintiff lacked standing to bring this action. In order to commence a foreclosure action, the plaintiff must have a legal or equitable interest in the subject mortgage (see Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204 [2009]; Katz v East-Ville Realty Co., 249 AD2d 243 [1998]; Kluge v Fugazy, 145 AD2d 537, 538 [1988]). “Where the plaintiff is the assignee of the mortgage and the underlying note at the time the foreclosure action was commenced, the plaintiff has standing to maintain the action” (Federal Natl. Mtge. Assn. v Youkelsone, 303 AD2d 546, 546-547 [2003]; see Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204
In light of our determination, we need not reach the parties’ remaining contentions. Skelos, J.P., Eng, Leventhal and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.