HSBC Bank USA, National Ass'n v. Ozcan

Barros, J.,

dissents, and votes to reverse the order insofar as appealed from, on the law, with costs, deny those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendant Hasan Ozcan, also known as H. Ozcan, and grant that defendant’s cross motion for summary judgment dismissing the complaint insofar as asserted against him, with the following memorandum: The plaintiff improperly raises for the first time on appeal its contention that compliance with RPAPL 1304 was not required because the subject mortgage loan was not a…