Decided on May 2, 2013 Supreme Court, Kings County   THE Bank of New York AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATE LOAN TRUST 2005-58 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-58, Plaintiff, against Swenda A. Cepeda, et. al., Defendants. 10596/08 Appearances: Plaintiff Jennifer R. Brennan, Esq. Frenkel Lembert Weiss Weisman & Gordon, LLP Bay Shore … Continue reading Bank of N.Y. v Cepeda | Judge Schack Slams MERS, BNY cannot prove that it owns or assigned the subject mortgage and note