Standing

Cenlar FSB v Lanzbom, 2019 NY Slip Op 00092 [2d Dept. 2019]

“On a motion for summary judgment, 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'” (Deutsche Bank Natl. Trust Co. v Homar, 163 AD3d 522, 523, quoting Deutsche Bank Trust Co. Ams. v Vitellas, 131 AD3d 52, 59-60; see Citicorp Mtge. v Adams, 153 AD3d 779, 780). “To defeat a defendant’s motion, the plaintiff has no burden of establishing its standing as a matter of law” (Deutsche Bank Trust Co. Ams. v Vitellas, 131 AD3d at 60; see Deutsche Bank Natl. Trust Co. v Homar, 163 AD3d at 523). Here, the defendant merely pointed to alleged gaps in the plaintiff’s case and failed to meet her burden of establishing, prima facie, the plaintiff’s lack of standing as a matter of law (see Deutsche Bank Natl. Trust Co. v Homar, 163 AD3d at 523-524).

This one is too long to quote. You’re on your own.

US Bank N.A. v Nelson, 2019 NY Slip Op 00494 [2d Dept. 2019].

The short version is that standing was waived.

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