In U.S. Bank Tr., N.A. v. Chiramannil, 2022 NY Slip Op 03270 (N.Y. App. Div. May 18, 2022), we successfully defended against the defendant’s appeal of a lower court order granting plaintiff’s motion for summary judgment.
In Chiramannil, the defendant argued that the lower court’s order must be reversed because, among other things, the plaintiff failed to establish its compliance with statutory conditions precedent to foreclosure required under New York Real Property Actions & Proceedings Law (RPAPL) sections 1303, 1304, and 1306. The Second Department rejected each of the defendant’s arguments and affirmed the lower court’s order. More specifically, the Appellate Division held that plaintiff demonstrated compliance with RPAPL 1303 “by submitting an affidavit of service in which the process server attested that he served the defendant with the summons, complaint, and notice of pendency, along with a notice printed on colored paper that is other than the color of the summons and complaint, in compliance with RPAPL 1303, as well as a copy of the subject notice.”
The Appellate Division similarly found that the plaintiff proved compliance with RPAPL 1304 by submitting copies of the notices themselves together with the affidavit of an employee of its loan servicer, who attested to a standard office mailing procedure and averred that the notice was sent by both certified and first-class mail. With respect to RPAPL 1306, the Appellate Division found that the plaintiff demonstrated compliance with RPAPL 1306 by submitting a copy of a proof of filing statement from the New York State Department of Financial Services.
To read the Appellate Court’s Order, click HERE.