WELLS FARGO BANK, N.A. v. NDIAYE, 146 A.D.3d 684 (2017)
Court: Supreme Court of New York
Number: innyco20170126401
Visitors: 16
Filed: Jan. 26, 2017
Latest Update: Jan. 26, 2017
Summary: The dismissals of plaintiff's prior actions without prejudice premised on lack of standing were not dismissals on the merits for res judicata purposes ( see Tico, Inc. v Borrok, 57 A.D.3d 302 [1st Dept 2008]). Despite the purportedly invalid assignment of the note to plaintiff, plaintiff may nevertheless establish its standing by demonstrating that the note was in its possession or that it was delivered prior to the commencement of this action ( see Aurora Loan Servs., LLC v Taylor, 25 N.Y.
Summary: The dismissals of plaintiff's prior actions without prejudice premised on lack of standing were not dismissals on the merits for res judicata purposes ( see Tico, Inc. v Borrok, 57 A.D.3d 302 [1st Dept 2008]). Despite the purportedly invalid assignment of the note to plaintiff, plaintiff may nevertheless establish its standing by demonstrating that the note was in its possession or that it was delivered prior to the commencement of this action ( see Aurora Loan Servs., LLC v Taylor, 25 N.Y.3..
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The dismissals of plaintiff's prior actions without prejudice premised on lack of standing were not dismissals on the merits for res judicata purposes (see Tico, Inc. v Borrok, 57 A.D.3d 302 [1st Dept 2008]). Despite the purportedly invalid assignment of the note to plaintiff, plaintiff may nevertheless establish its standing by demonstrating that the note was in its possession or that it was delivered prior to the commencement of this action (see Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361-362 [2015]).
Source: Leagle
