I was referred this 2014 case in 2020 by a past client. The bank had already filed its Motion for Summary Judgment when I was retained by Mr. X. Mr. X asked me if I could fight it. I said absolutely.
In opposition to the bank’s Motion, I explained to the Judge that Summary Judgment should be denied because the bank’s “evidence” rests entirely on admissible hearsay.
The Judge agreed.
Additionally, I argued that the 2014 foreclosure action should be dismissed because the bank had failed to comply with the notice requirements under RPAPL § 1304.
The Judge agreed with this, too.
Summary Judgment denied. Case dismissed.
Mr. X has a good attorney.
