Legal Opinion

US Bank National Ass'n v. Sarmiento

Appellate Division of the Supreme Court of the State of New York

Decided July 30, 2014No. 2012-03513PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

Leventhal, J.

On appeal in this mortgage foreclosure action, the plaintiff contends that the Supreme Court erred in determining that it failed to negotiate in good faith during mandatory settlement conferences conducted pursuant to CPLR 3408, and that, in any event, the Supreme Court lacked the authority to impose any sanctions against it on the ground that it violated the “good faith” requirement of CPLR 3408 (f). In addressing these contentions, we set forth the proper standard for determining whether a party acted in good faith pursuant to CPLR 3408 (f). Further, we hold…

2Cases cited16 opinions

  1. Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
  2. Young v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
  3. Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
  4. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  5. Wells Fargo Bank, N.A. v. MeyersAppellate Division of the Supreme Court of the State of New York · 2013

11 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Bank of New York v. CastilloAppellate Division of the Supreme Court of the State of New York · 2014
  2. Bank of New York Mellon v. IzmirligilAppellate Division of the Supreme Court of the State of New York · 2016
  3. Nationstar Mtge., LLC v. DorsinAppellate Division of the Supreme Court of the State of New York · 2020
  4. US Bank National Ass'n v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2014
  5. U.S. Bank National Ass'n v. DellarmoAppellate Division of the Supreme Court of the State of New York · 2015

41 more not listed; retrieve them via the Exa API.

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