Opinion
2017–05910 Index No. 701831/15
12-16-2020
WELLS FARGO BANK, N.A., respondent, v. Achwad BAKTH, appellant, et al., defendants.
Petroff Amshen LLP, Brooklyn, N.Y. (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellant. Reed Smith LLP, New York, N.Y. (Zalika T. Pierre of counsel), for respondent.
Petroff Amshen LLP, Brooklyn, N.Y. (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellant.
Reed Smith LLP, New York, N.Y. (Zalika T. Pierre of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION In an action to foreclose a mortgage, the defendant Achwad Bakth appeals from an order of the Supreme Court, Queens County (Diccia T. Pineda–Kirwan, J.), entered April 28, 2017. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Achwad Bakth and for an order of reference.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff established, prima facie, that it had standing to commence this action by submitting in support of its motion a copy of the note, endorsed in blank, that was annexed to the complaint at the time the action was commenced (see HSBC Bank USA, N.A. v. Desir, 188 A.D.3d 657, ––– N.Y.S.3d –––– [2d Dept.] ; PennyMac Corp. v. Arora, 184 A.D.3d 652, 125 N.Y.S.3d 441 ;
JPMorgan Chase Bank, N.A. v. Escobar, 177 A.D.3d 721, 111 N.Y.S.3d 639 ). In opposition, the defendant Achwad Bakth (hereinafter the defendant) failed to raise a triable issue of fact. Contrary to the defendant's contention, " ‘[w]here the note is affixed to the complaint, it is unnecessary to give factual details of the delivery in order to establish that possession was obtained prior to a particular date’ " ( U.S. Bank N.A. v. Calabro, 175 A.D.3d 1451, 1452, 109 N.Y.S.3d 126, quoting U.S. Bank N.A. v. Fisher, 169 A.D.3d 1089, 1091, 95 N.Y.S.3d 114 [internal quotation marks omitted] ).
Accordingly, we agree with the Supreme Court's determination to grant those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant and for an order of reference.
RIVERA, J.P., MALTESE, BRATHWAITE NELSON and IANNACCI, JJ., concur.