...UCC 3-202. In addition, while it appears that plaintiff may have violated 15 USC § 1641[g], it is not clear that such violation prevents plaintiff from..., __ AD3d __, 2017 NY Slip Op 02597 [1st Dept Apr. 4, 2017]). "A plaintiff may establish standing in a foreclosure action either by showing assignment of the...mortgage note or physical delivery of the note prior to the commencement of the foreclosure action" (B & H Fla. Notes LLC v Ashkenazi, __ AD3d __, 2017 NY...

...endorsed and delivered the check to his friend, the friend became the holder of the check (NY UCC 3-202[1]). Thus, only the friend was entitled to negotiate the check or to "enforce payment in [her] own...name" (NY UCC 3-301[1]). Plaintiff's arguments in support of his contention that he, as payee of the check, is entitled to enforce its return or payment are unavailing. Plaintiff lacks standing to sue...

...firmly affixed thereto as to become a part thereof," as required under NY UCC § 3-202(2). Accordingly, there is a triable issue as to whether the purported indorsement constituted a valid transfer of the...

..." satisfies the requirements of NY UCC Law 3-202(2) (U.S. Bank NA v Camelia, 64 Misc.3d 410...assignment is insufficient to effect a proper negotiation. NY UCC 3-202 of the NY UCC governs negotiationi.e., the "transfer of an instrument in such..., 423 [Sup Ct, Rockland County 2019], quoting NYY UCC 3-202 , Comment 3). The ministerial act of affixing the Allonge prior to the moment that it is...

...does not provide evidence of possession (NY UCC § 3-202 [1]; Wells Fargo Bank, N.A. v Walker, 141 AD3d 986, 987 [3d Dept 2016]). When a plaintiff alleges in...instrument whether or not he is the owner may . . . enforce payment in his own name" (NY UCC § 3-301 [emphasis added]). In other words, even assuming the letter raised a question of...Bormann, — AD3d —, 2018 NY Slip Op 00217, *3 [3d Dept 2018]). Plaintiff has done so here and defendant does not challenge the note, mortgage...

...(NY UCC § 3-202 [1]; Wells Fargo Bank, N.A. v Walker, 141 A.D.3d 986, 987 [3d Dept 2016]). When a plaintiff...mortgage at issue was taken by defendants on August 3, 2005, when they were married. They have since been divorced, in 2013. The lender on the original documents is Meridian Residential Capital, LLC...Street, Brooklyn, NY 11230, Block 6754, Lot 58. It is a one or two-family house. The complaint alleges that the last payment made was the one due on February 1, 2008. The note and mortgage are not...

...NY UCC § 3-202(2), which “provides that when an indorsement is written on a separate piece of paper from a note, the paper must be ‘so firmly affixed thereto.... Cannella, 99 N.Y.S.3d 579, 586 (Sup. Ct. 2019) (emphasis omitted) (quoting UCC § 3-202(2)). Courts have held that summary judgment of foreclosure...UCC § 3-202(2). See Cannella, 99 N.Y.S.3d at 592. Accordingly...

...affixed thereto as to become a part thereof,' as required under NY UCC § 3-202(2)." Id. (citation omitted)). HSBC Bank...." Memorandum of Law in Opposition at 2 (emphasis added). Defendant cites UCC § 3-202(2), which provides that "an indorsement must be written by or on behalf of the...Allonge was attached and no statement that the Allonge was permanently affixed to the Note in accordance with UCC § 3-202 and caselaw. Furthermore, there is...

...at 737 (citing McCormack v Maloney, 160 A.D.3d 1098, 1099 (3d Dep't 2018) and NY UCC § 3-202(2..., Defendant executed a Note and Mortgage to Ponce De Leon Federal Bank ("the Bank") whereby she agreed to pay the Bank $450,000, plus interest, on property located at 24 Elena Drive, Cortlandt Manor, NY...10567. Dkts. 28 at 1-2; 21 at 2-3. On July 31, 2012, Defendant executed a document entitled "Consolidation, Extension and Modification Agreement" ("CEMA") in which the Bank "extend[ed] to [Plaintiff] an...

...2023], quoting UCC § 3-202[2]). Plaintiff submitted that on or about September 15, 2023 (prior to the commencement of this Action on...affixed thereto as to become a part thereof" (Wells Fargo Bank, N.A. v Lafayette 199, LLC, 2023 NY Slip Op 31085[U], *3 [Sup Ct, NY County...promissory note executed by Barry Street Holdings and secured by a guaranty executed by Stephen Werdiger. Defendants oppose and cross-move pursuant to CPLR 3211(a)(3...

...indorsement (McKinney's Cons Laws of NY, Book 62½, UCC § 3-202[1]). The indorsement must be written on the note "or on a paper so firmly affixed thereto as to become a part thereof" (id.... at § 3-202[2]). "An indorsement in blank specifies no particular indorsee and may consist of a mere signature...and becomes payable to bearer and may be negotiated by delivery alone until specifically indorsed" (McKinney's Cons Laws of NY, Book 62½, UCC § 3...arguable" then the motion must be denied ( Sillman v Twentieth Century-Fox Film Corp. 3 NY2d 395, 404...

...authorized nor effective under UCC 4-A-202 (see id. § 4-A-202[1], [2]; McKinney's Cons Law of NY, UCC 4-A-203 , Official Comment 2, 3; UCC 4-A-204 ). In opposition, the defendant failed to raise a triable issue of fact as to whether the payment order received by it was the authorized order of the decedent (see UCC 4-A-202 [1...Bancorp, Inc., etc., appellant. Murphy & McGonigle, P.C., New York, NY (Michael V. Rella and Leonard J. Amoruso of counsel), for appellant. Glen Kurtis...(Edelstein & Grossman, New York, NY [Jonathan I. Edelstein], of counsel), for respondent. Murphy...

...note is payable to order, it is negotiated by delivery with any necessary indorsement (McKinney's Cons Laws of NY, Book 62½, UCC § 3-202[1]). The indorsement must be written on the note..."or on a paper so firmly affixed thereto as to become a part thereof (id. at § 3-202[2]). As explained in the Official Comment following UCC § 3-202, when the...indicate that a copy of the purported indorsement was actually affixed to the subject note so as to become an allonge. As further explained in the Official Comment following UCC 3-202, at...

...necessary indorsement (McKinney's Cons Laws of NY, Book 62½ UCC § 3-202[1]). The indorsement must be written on the note "or on a paper so firmly affixed thereto as to become a part...thereof (id. at § 3-202[2]). As explained in the Official Comment following UCC § 3-202, when the...of the [original] mortgage loan" ( US Bank National Assn v McPhearson, 33 Misc 3d 1219[A], 2012 NY Slip Op 50742[U], 2012 WL 1521862...

...note is payable to order, it is negotiated by delivery with any necessary indorsement (McKinney's Cons Laws of NY, Book 62½, UCC § 3-202[1]). The indorsement must be written on the note..."or on a paper so firmly affixed thereto as to become a part thereof (id. at § 3-202[2]). As explained in the Official Comment following UCC § 3-202, when the...indicate that a copy of the purported indorsement was actually affixed to the subject note so as to become an allonge. As further explained in the Official Comment following UCC 3-202, at...

...delivery with any necessary indorsement (McKinney's Cons Laws of NY, Book 621/2, UCC § 3-202[1]). The indorsement must be written on the note "or on a paper so firmly affixed thereto...as to become a part thereof (id. at § 3-202[2]). Here, the note contains two endoresements and two indorsing signatures. Zeitz explains that the note was..." ( Deutsche Bank Nat. Trust Co. v Pietranico, 33 Misc 3d 528, 535, 928 NYS2d 818 [Sup Ct, Suffolk County, Whelan, J.], affd _AD3d_, 2013 WL 163762, 2013 Slip Op. 00171; see UCC 3...

.... In relevant part, Section 4-A-202(3) of the NY UCC provides: Commercial reasonableness of a security procedure is a question of law to be determined by...) (citations omitted). Section 4-A-202(2) of the NY UCC provides: If a bank and its customer have..., whether a judgment may be entered in accordance with the Rule 56 standard." B. New York UCC Section 4-A-202...

...the UCC does not clearly define the mechanism for a valid 'transfer'" other than to a "holder" under NY U.C.C. §§ 3-202(1) and 3-301. Arnold v. First Citizens Nat'l Bank, 693 Fed...Claim Objection contends that the Allonge is not a proper allonge under NY U.C.C. § 3-202(2) because it was not "firmly affixed" to the Note as required by such...Objection contends that MERS had no authority to assign the underlying debt to U.S. Bank. NY U.C.C. § 3-202(2...

...UCC 3-202 (2). See Moulton, 2020 NY Slip Op 00171. at *6-7." 609 Kent also asserts...Sale, a copy of the notice of sale, notice of discontinuance and notice of surplus money proceedings, if any, pursuant to CPLR 3211 (b); (3) appointing.... Defendant 609 Kent cross-moves (in mot. seq. four) for an order: (1) dismissing the complaint due to two prior pending actions, pursuant to RPAPL 1301 (3) and...

...(see UCC 3-202[1]). As the Court of Appeals has recognized, "[a]n indorsement is incomplete, and, indeed, may be disregarded and ignored until the instrument is delivered" (Hall v Bank of Blasdell, 306 NY 336...becomes a holder" (UCC 3-202[1]). "The mechanism of negotiation depends upon the form in which the instrument was originally made or drawn, or in which it...instrument is payable to order it is negotiated by delivery with any necessary indorsement" (UCC 3-202[1]). By contrast, "[a]n indorsement in...