With respect to Zaloom’s counterclaim, it must also be dismissed without prejudice. Because both parties agree that plaintiff cannot currently establish by admissible documentation assignment of the note and therefore may not foreclose on defendants’ mortgage, Zaloom cannot currently establish that Deutsche Bank at any time assumed liability for the actions of non-parties American Brokers Conduit and Cutaia Mortgage Group, Inc.
Deutsche Bank provided allegedly “insufficient, contradictory and false information” “in response to discovery requests seeking the original note and proof of assignment before finally admitting that it did not possess requisite documents.
