JPMorgan Chase Bank N.A. v Wenegieme, 2018 NY Slip Op 04541 [2d Dept. 2018]
The plaintiff, who is the original lender, established its prima facie entitlement to judgment as a matter of law through the production of the mortgage, the unpaid note, and evidence of the defendant's default (see Wells Fargo Bank, N.A. v Ali, 122 AD3d 726, 726; Midfirst Bank v Agho, 121 AD3d 343, 347). In opposition, the defendant failed to raise a triable issue of fact.
Contrary to the defendant's contention, in the absence of a court order directing otherwise, the plaintiff had the capacity to continue this action after assigning the mortgage and note (see CPLR 1018; Woori Am. Bank v Global Universal Group Ltd., 134 AD3d 699, 700; Wells Fargo Bank, N.A. v Hudson, 98 AD3d 576, 577-578).
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