Legal Opinion
Butler Capital Corp. v. Cannistra
New York Supreme Court
Decided October 8, 2009PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter H. Mayer, J.
It is ordered that plaintiffs application (sequence No. 001) for an order of reference in this foreclosure action is considered under CPLR 3408, as well as the related statutes and case law, and is hereby denied without prejudice and with leave to resubmit upon proper papers, for the following reasons: (1) failure to submit evidentiary proof, including an affidavit from one with personal knowledge, as to whether or not, pursuant to CPLR 3408, this action is a residential foreclosure involving a “high-cost home loan” consummated between January 1, 2003 and…
2Cases cited5 opinions
- Imre v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2008
- Norwest Bank Minnesota v. SabloffAppellate Division of the Supreme Court of the State of New York · 2002
- Helfand v. MeisserNew York Court of Appeals · 1968
- Leahy v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 2003
- CAB Associates v. StateAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Aurora Loan Services, LLC v. WeisblumAppellate Division of the Supreme Court of the State of New York · 2011
- First National Bank of Chicago v. SilverAppellate Division of the Supreme Court of the State of New York · 2010
- In re GillUnited States Bankruptcy Court, W.D. New York · 2015
- HSBC Bank USA v. McKennaNew York Supreme Court · 2012