First National Bank of Chicago v. Silver
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Florio, J.
In this matter we are asked to determine an issue of first impression at the appellate level, that is, whether the failure to comply with notice requirements of the Home Equity Theft Prevention Act (Real Property Law § 265-a [hereinafter HETPA]) must be raised as an affirmative defense or whether it can be raised at any time during an action. We hold that it can be raised at any time and, therefore, reverse, insofar as appealed from, the order of the Supreme Court granting the plaintiff’s motion, inter alia, for summary judgment on the complaint and to appoint a…
2Cases cited8 opinions
- 170 West 85th Street Tenants Ass'n v. CruzAppellate Division of the Supreme Court of the State of New York · 1991
- Laroc v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Hall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Progressive Northeastern Insurance v. RobbinsAppellate Division of the Supreme Court of the State of New York · 2001
- W54-7 LLC v. SchickAppellate Terms of the Supreme Court of New York · 2006
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3Cited by45 opinions
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- Gustavia Home, LLC v. HoyerDistrict Court, E.D. New York · 2019
- Pritchard v. CurtisAppellate Division of the Supreme Court of the State of New York · 2012
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