Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06344
U.S. Bank N.A. v Iqbal
Read the official decision: 2026 NY Slip Op 06344
Holding The plaintiff failed to establish standing for summary judgment because it did not submit admissible evidence proving it held the note at the time the action was commenced. The court affirmed the denial of the motion, noting that the plaintiff’s reliance on a servicer’s affidavit without personal knowledge or supporting records constituted inadmissible hearsay.
The court’s words
the plaintiff failed to present admissible evidence establishing that it was in possession of the note
2026 NY Slip Op 06344, at the official text
the defendants did not waive the affirmative defense of lack of standing
2026 NY Slip Op 06344, at the official text
the plaintiff failed to establish, prima facie, that it had standing to commence this action
2026 NY Slip Op 06344, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06344 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06344 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1623 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank N.A. v Iqbal, 2026 NY Slip Op 06344 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06344/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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