GMAC Mortgage, LLC v. Taylor

OPINION OF THE COURT

C. Stephen Hackeling, J.

GMAC Mortgage, LLC petitions this court, pursuant to RPAPL 713 (5), seeking a judgment of possession and a warrant of eviction as against Donald Taylor and his family for the premises located at 15 Bradbury Avenue, Huntington Station, New York, 11746. The respondents interposed a defense that they are statutorily entitled to a 90-day notice to quit prior to commencement of this action, which they did not receive. It was alternatively asserted that they never received an opportunity to discuss a mortgage loan modification as is purportedly required…