In HSBC Bank USA, N.A. v. Corazzini, 148 A.D.3d 1314, 49 N.Y.S.3d 202 (3rd Dept. 2017), the Third Department, recently gave consideration to a Plaintiff's standing following a non-jury trial. Although that case dealt with a claim of possession of the Note prior to commencement, the court's reasoning is instructive. In that case, a note was executed in favor of Freemont Investment and Loan and following default on the loan, a foreclosure action was commenced. Defendant raised lack of standing, and the Supreme Court ordered a trial on the issue, and ultimately ruled that Plaintiff was in possession of the Note at the time of commencement and therefore had standing. Plaintiff had offered testimony from a senior loan analyst, who was familiar with the loan servicer's records and confirmed that they were prepared in the regular course of business (seemingly satisfying the Court as to the admissibility of the records). The loan analyst also testified that the subject loan and many others were placed in trust with Plaintiff as trustee, and that the original documents were in a "collateral file in the physical care of the trust's custodian. She relied upon the records of the servicer, which incorporated records of prior servicers, to state that the trust received the note and other documents in the collateral file one month after it was executed." She also provided testimony about a pooling agreement confirming the trust obtained the note prior to the commencement, and the original note from the collateral file, which was indorsed in blank by the original holder. Despite the fact that there was no testimony as to how the Note came into Plaintiff's possession, "that information was not required in light of the extensive proof showing that plaintiff possessed the original note by the time that this action was commenced " Id. The court deferred to the supreme court's credibility determination and concluded that "review of the proof leaves us confident that the plaintiff was in possession of the note before commencing this action and had standing to pursue it ." Id.