Legal Opinion
US Bank National Ass'n v. Caronna
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2012PublishedCited by 5 opinions
1Opinion of the Court
*866The Supreme Court properly, in effect, denied those branches of the defendants’ motion which were to dismiss the complaint or, in the alternative, to vacate an order of reference dated September 23, 2009, and a judgment of foreclosure and sale dated July 21, 2010, based upon the plaintiffs failure to comply with the notice requirements of RPAPL 1304. Under the circumstances, it is not clear whether the mortgage at issue was subject to the requirements of RPAPL 1304 and, if so, whether the plaintiff failed to comply with the notice requirements of that statute (see RPAPL 1304; cf. Aurora Loan…
2Cases cited2 opinions
- Aurora Loan Services, LLC v. WeisblumAppellate Division of the Supreme Court of the State of New York · 2011
- Nationwide Insulation & Sales, Inc. v. Nova Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- White Plains Cleaning Services, Inc. v. 901 Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Citimortgage, Inc. v. SimonAppellate Division of the Supreme Court of the State of New York · 2016
- US Bank National Ass'n v. RichardAppellate Division of the Supreme Court of the State of New York · 2017
- Citimortgage, Inc. v. PembeltonNew York Supreme Court · 2013
- U.S. Bank Trust, N.A. v. SadiqueAppellate Division of the Supreme Court of the State of New York · 2019