U.S. Bank Trust, National Association, etc., v Edmond Dweck, etc., et al., respondents, et al., defendants.

Holding The plaintiff failed to establish its standing to commence the action because the purported allonge containing an endorsement in blank was not firmly affixed to the note as required by UCC 3-202(2). Consequently, the Supreme Court properly denied the plaintiff’s motion for summary judgment and to strike the defendants’ affirmative defenses.

The court’s words

An endorsement made on a negotiable instrument, whether a specific endorsement or an endorsement in blank, must be on the instrument or on a paper so 'firmly affixed thereto as to become a part thereof'

2026 NY Slip Op 05342, at the official text

the plaintiff did not demonstrate that the purported allonge containing an endorsement in blank, which was on a piece of paper completely separate from the note, was 'so firmly affixed thereto as to become a part thereof'

2026 NY Slip Op 05342, at the official text

an affidavit of the president of the plaintiff's assignee, submitted by the plaintiff in support of its motion, was insufficient to establish the plaintiff's standing as the holder of the note

2026 NY Slip Op 05342, at the official text