We are pleased to share a recent published decision of a case handled by Friedman Vartolo, LLP. Hon. Linda J. Kevins of Suffolk County, New York granted the motion for summary judgment and denied the defendant’s cross motion after reviewing several innovative arguments made by the firm. Wells Fargo Bank, Nat. Ass’n v. Rodriguez, No. 600433/2017, 2018 N.Y.Slip Op 32793(U), Sup. Ct. Oct 26, 2018. https://law.justia.com/cases/new-york/other-courts/2018/2018-ny-slip-op-32793-u.html
The Court held that: (1) the insertion of additional bankruptcy language in the RPAPL 1304 90 day notice did not violate the mandates under the statute that no other notice be included with the 90 day notice and was found to be “important qualifying information”; (2) the delivery of the 90 day notice satisfied the 30 day notice requirements pursuant to the terms of the mortgage; (3) although the plaintiff may not submit new evidence for the first time in reply papers, plaintiff may establish compliance with RPAPL 1304 in reply papers, if raised for the first time on opposition by Defendant; (4) a Defendant’s failure to oppose certain arguments by Plaintiff in its motion is deemed an admission of those arguments.
A great job by Zachary Gold, Esq. of our firm! For more information regarding this case, please contact: Deborah Gallo, Director of Operations at [email protected]
