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FIRST TRUST NATIONAL ASSOCIATION v. MEISELS
Appellate Division of the Supreme Court of New York, Second Department.
Dec 16, 1996
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Ordered that the order is affirmed, with costs.
Contrary to the appellant's contention, the plaintiff was both the assignee of the mortgage and, by indorsement, the holder of the underlying note at the time the foreclosure action was commenced. Accordingly, the plaintiff had standing to maintain the action ( see, Slutsky v Blooming Grove Inn, 147 AD2d 208; cf., Kluge v Fugazy, 145 AD2d 537). The record also supports the determination that the notice of default adequately conformed to the provisions of the mortgage which governed such notice.
We have considered the appellant's remaining contentions and find them to be without merit.
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