Legal Opinion

Aurora Loan Services, LLC v. Diakite

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

Decided March 1, 2017No. 2015-07145PublishedCited by 6 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals, by permission, from an order of the Supreme Court, Kings County (Edwards, J.), dated December 19, 2014, which, after a hearing, found that it failed to negotiate in good faith during settlement conferences conducted pursuant to CPLR 3408, and, in effect, tolled the interest, costs, and attorneys’ fees on the subject loan from March 1, 2010, to October 27, 2014.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a residential mortgage after the defendant Amadou Diakite allegedly defaulted…

2Cases cited4 opinions

  1. Wells Fargo Bank, N.A. v. MeyersAppellate Division of the Supreme Court of the State of New York · 2013
  2. US Bank National Ass'n v. SarmientoAppellate Division of the Supreme Court of the State of New York · 2014
  3. Onewest Bank, FSB v. ColaceAppellate Division of the Supreme Court of the State of New York · 2015
  4. LaSalle Bank, N.A. v. DonoAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by6 opinions

  1. Wells Fargo Bank, NA v. OzielAppellate Division of the Supreme Court of the State of New York · 2021
  2. Deutsche Bank National Trust Co. Ex Rel. Soundview Home Loan Trust 2005-OPT1 v. VarelisAppellate Division of the Supreme Court of the State of New York · 2017
  3. Citimortgage, Inc. v. NimkoffAppellate Division of the Supreme Court of the State of New York · 2020
  4. Citimortgage, Inc. v. NimkoffAppellate Division of the Supreme Court of the State of New York · 2018
  5. Investors Bank v. BrooksAppellate Division of the Supreme Court of the State of New York · 2022

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