In the fiery world of high stakes litigation, securing a dismissal can feel like a major win. But parties should be wary of declaring complete victory before appeals are exhausted. A recent Second Dep... ...more
Case Studies
August 30, 2023•4 min read
The New York Supreme Court, Appellate Division, recently rejected a lender's attempt to skirt the statute of limitations in a mortgage foreclosure case. In Bank of N.Y. Mellon v. Norton, 2023 NY Slip ... ...more
Case Studies
August 22, 2023•2 min read
The Appellate Division affirmed the conditional summary judgment for Abadin. The court focused on the current dismissed status of HSBC's foreclosure case rather than assessing the merits of the origin... ...more
Case Studies
August 16, 2023•2 min read
In U.S. Bank N.A. v Santos, __ AD3d __ , 2023 NY Slip Op 03942 (2023) ("U.S. Bank"), the appellate court upheld the dismissal of U.S. Bank's mortgage foreclosure case against Cristy Santos and Zafar ... ...more
Case Studies
August 07, 2023•3 min read
The Second Department's decision in Newlands Asset Holding Trust v Vasquez, 2023 NY Slip Op 03926 (2nd Dept. July 26, 2023) presents a mixed bag for defendants in mortgage foreclosure cases regarding ... ...more
Case Studies
August 01, 2023•2 min read
The recent Second Department ruling in U.S. Bank Trust, N.A. v Rahman highlights a departure from the court's strict application of 22 NYCRR § 202.48 in mortgage foreclosure cases. This decision uphel... ...more
Case Studies
July 18, 2023•3 min read
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