Appellate Division of the Supreme Court of the State of New York February 7, 1997 (Bankers Trust Co. of California, N. A. v. Tooley)

—Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs motion for summary judgment. The record establishes that plaintiff purchased defendants’ loan in or around March 1994 as part of a bulk transfer of loans. It further establishes that the loan was assigned to plaintiff on March 22, 1994, after plaintiff commenced this action.