We are pleased to share a recent decision of a case handled by Friedman Vartolo, LLP. Hon. Timothy J. Dufficy of Queens County, New York granted the motion for summary judgment after reviewing several arguments made by the firm. SRMOF II 2012-1 Trust US Bank Trust Nat. Ass’n v. Rivera, Index 703558/2017, Queen County (5/11/18)
The Court chose to extend the time imposed by statute for good cause and compelled that the reply to counterclaims be accepted by defendant. The delay was minimal, and reply was served once the case was released from the settlement conference part.
Plaintiff successfully argued that the loan was immune from any statute of limitations because the loan being foreclosed was a Federal Housing Administration Loan and the plaintiff was as assignee of a federal agency. Further, the requirements of RPAPL 1303, 1303 and 1306 were met. The affidavit sufficiently laid the foundation, the USPS Certified Mailing Tracking Number provided the compliance with mailing requirement, and affidavit of service reflected the complaint with RPAPL 1303.
Another great job by our team! For more information regarding this case, please contact: Deborah Gallo, Director of Operations at email@example.com