This case, 2 C* I*, LLC v Frog I*, LLC*, deals with foreclosure proceedings and the issue of standing in mortgage litigation. The Appellate Division, First Department, affirmed the New York County Supreme Court’s ruling, which granted summary judgment in favor of 2 C* I* and dismissed the defendants' affirmative defenses.
At its core, the dispute revolved around whether the plaintiff had standing to enforce the mortgage and note. The plaintiff successfully demonstrated its entitlement to foreclosure by providing evidence of the mortgage, the unpaid note, the defendants' default, and its valid legal standing. Key testimony came from CC, who verified that the plaintiff’s records incorporated prior holders' documents and were routinely relied upon in business dealings. This satisfied the evidentiary requirements for admitting the loan documents.
The defendants, particularly VM, attempted to challenge the authenticity of the consolidated note by raising questions about the signature page. However, her own concessions—acknowledging the consolidation of her previous loans and her execution of an amendment in 2020—undermined her arguments. Since she did not definitively deny that the signature page belonged to the relevant agreement, the court found no material issue of fact.
The appellate court also confirmed that the lower court had properly exercised discretion in allowing the plaintiff's successive summary judgment motion. Since the court had explicitly granted permission for the second motion during prior proceedings, procedural fairness was maintained.
Overall, this decision reinforces New York courts' approach to standing in foreclosure cases, emphasizing documentary proof and the legitimacy of business records. It serves as a cautionary tale for defendants seeking to challenge foreclosures without substantive evidence.
That surely was a ribbiting win for that plaintiff!
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DECISION