US Bank National Association v. Cusati

Summary

The New York Appellate Division, Second Department, dismissed the appeal from a trial court decision because no appeal lies from a decision and reversed the judgment of foreclosure and sale. The court held that although the plaintiff established that Chase possessed the mortgage note when the action commenced, it failed to establish that Chase had authority to act on the plaintiff's behalf at that time. The complaint was therefore dismissed insofar as asserted against the defendant borrowers.

Holdings

1. No appeal lies from a trial-court decision; the appeal from the decision was dismissed.
2. US Bank failed to establish standing because, although it proved that Chase possessed the note when the action commenced, it did not prove that Chase had authority to act on US Bank's behalf at that time.

Questions Presented

1. Whether the appeal from the Supreme Court's decision following the nonjury trial was properly before the Appellate Division.
2. Whether US Bank established standing to maintain the foreclosure action by proving that, at commencement, Chase possessed the note and had authority to act on US Bank's behalf.

Disposition

reversed