Bank of America, N.A. v. Rausher

OPINION OF THE COURT

James P. Gilpatric, J.

This is an action to foreclose a mortgage issued to the defendant by the plaintiff. The defendant Mark Rausher moves for an order in this foreclosure action: (1) dismissing the complaint; (2) finding the plaintiff in violation of its obligations pursuant to CPLR 3408 (f); (3) imposing sanctions, including attorneys’ fees, pursuant to 22 NYCRR 130-1.1 based upon plaintiffs failure to comply with the requirement to negotiate in “good faith” and for undue delay; and (4) granting such other and further relief as to this court shall seem just and proper.…