Deutsche Bank Natl. Trust Co. v. Webster (N.Y. App. Div. 2016)
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Here, although the plaintiff appended a copy of the note to the complaint, the plaintiff’s submission of two different copies of the note with different endorsements in support of its motion for summary judgment fails to eliminate a triable issue of fact as to whether the plaintiff was in possession of the original note at the time the action was commenced,. Thus, the plaintiff failed to establish, prima facie, that it had standing to commence this action.
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