HSBC Bank USA v. Parodi

HSBC Bank USA, etc. (“HSBC”) appeals from a final judgment involuntarily dismissing its foreclosure action filed against Fulbio S. Parodi (“Parodi”) following HSBC’s presentation of the evidence at a non-jury trial based solely on HSBC’s untimely responses to Parodi’s First Request for Admissions. As the record contains evidence that contradicts HSBC’s technical admissions, we conclude that the trial court reversibly erred by involuntarily dismissing HSBC’s foreclosure action.

It is undisputed that HSBG failed to timely respond to Parodi’s First Request for Admissions, and therefore, each…