Chun v. North American Mortgage Co.

I conclude, based on my review of the record, that plaintiffs own complaint, when considered in the light of her supporting papers and exhibits, fails to support her claim that she was in compliance with the Forbearance Agreement. Hence, the motion court had an adequate basis to deny plaintiffs order to show cause to vacate the foreclosure and stay her eviction. Remanding at this late stage solely for the sake of procedural niceties, when plaintiffs own papers fail to make out a prima facie case for entitlement to relief, unduly *47elevates form over substance. Accordingly, I respectfully…