Bank of New York v. Mieses

■ Bank of New York appeals a final summary judgment entered in favor of Luisa E. Mieses (“Mieses”) in this foreclosure case. The trial court granted summary judgment upon a finding that Bank of New York failed to comply with paragraph twenty-two of the mortgage agreement. Upon our de novo review, we find that Bank of New York substantially complied with the requirements of paragraph twenty-two, and therefore, reverse the trial court’s summary judgment order and remand for further proceedings.

Paragraph twenty-two of the mortgage executed by Mieses provided, in pertinent part:

Acceleration;…