The Debate over New York’s Proposed “Good Cause Eviction” Law
April 23, 2024
The Case for Rule 5.4 Reform
April 25, 2024
“CPLR 3408(M) Reasonable Excuse Presumption Rebutted”
The Nassau County Supreme Court ruled that a defendant, who was not residing at the mortgaged premises, could not extend the time to answer by attending a CPLR 3408 mandatory settlement conference. Despite the defendant’s argument that CPLR 3408(m) created a presumption of reasonable excuse for default, the court held that such a right is only available to “residents of the subject property to be foreclosed.” As a result of the default, any potentially meritorious defense to the foreclosure action could not be considered.
-Zachary Gold, Esq., Friedman Vartolo Partner
DISCLAIMER
This publication may constitute attorney advertising under the laws and rules of professional conduct of one or more states. The information provided in this publication is for general informational purposes only and does not constitute legal advice. The contents are not intended to be a substitute for professional legal advice, consultation, or representation. No attorney-client relationship is formed by reading or relying on this publication. Prior results do not guarantee a similar outcome. Readers should consult a qualified attorney for advice regarding their individual circumstances or any specific legal questions they may have.
If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.
DISCLAIMER
This publication may constitute attorney advertising under the laws and rules of professional conduct of one or more states. The information provided in this publication is for general informational purposes only and does not constitute legal advice. The contents are not intended to be a substitute for professional legal advice, consultation, or representation. No attorney-client relationship is formed by reading or relying on this publication. Prior results do not guarantee a similar outcome. Readers should consult a qualified attorney for advice regarding their individual circumstances or any specific legal questions they may have.
If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.
