discussed Cited as authority (rule) Smart Realty & Mgt. LLC v. Celona An attorney's lack of familiarity with the legal system and basic rules of practice is insufficient to demonstrate such a reasonable excuse (see US Bank N.A. v. Brown, 147 A.D.3d 428,429 , 46 N.Y.S.3d 107 ; Wells Fargo Bank, N.A., 149 A.D.3d at 1552, 52 N.Y.S.3d 788 ; U.S. Bank N.A. v. Ahmed, 137 A.D.3d 1106, 1109 , 29 N.Y.S.3d 33 ; City of Utica v. Mallette, 200 A.D.3d 1614 , 159 N.Y.S.3d 288,291 ).

discussed Cited as authority (rule) U.S. Bank Trust, N.A. v. Pieri "In an action to foreclose a mortgage, the plaintiff has standing where, at the time the action is commenced, it is the holder or assignee of both the subject mortgage and the underlying note" ( NNPL Trust Series 2012-1 v Lunn , 149 AD3d 1552, 1553 [4th Dept 2017] [internal quotation marks omitted]). "[P]hysical delivery of the note prior to the commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident" ( id . at 1553-1554 [internal quotation marks omitted]; see Aurora Loan Servs., LLC v Taylor , 25 NY3d 35…

examined Cited as authority (rule) U.S. Bank National Ass'n v. Liebel (3×) also: Cited "see" Here, plaintiff sufficiently pleaded in its complaint that it “is the current owner and holder of the aforesaid mortgage and note.” Moreover, plaintiff’s submissions in support of its motion establishied that the note and mortgage were assigned to the Trust in 2005 and have not been subsequently reassigned (see NNPL Trust Series 2012-1, 149 AD3d at 1554; JPMorgan Chase Bank, N.A., 140 AD3d at 1624 ).

discussed Cited "see" Deutsche Bank Natl. Trust Co. v. Mercure We agree with plaintiff that the court erred in determining that it failed to meet its burden on the motion of establishing standing to foreclose on the mortgage. " 'In an action to foreclose a mortgage, the plaintiff has standing where, at the time the action is commenced, it is the holder or assignee of both the subject mortgage and the underlying note' " ( JPMorgan Chase Bank , N.A. v Kobee , 140 AD3d 1622, 1623-1624 [4th Dept 2016]; see NNPL Trust Series 2012-1 v Lunn , 149 AD3d 1552, 1553 [4th Dept 2017]), " 'either by physical delivery or execution of a written assignment prior to the co…