Fortune 100 financial institution

May 23, 2012

On behalf of a Fortune 100 financial institution we secured in the New York Appellate Division, 2d Dept., in May 2012 the reversal of a Brooklyn trial court's sua sponte dismissal with prejudice of a residential foreclosure action brought by the bank. In January 2011 the trial court held that local foreclosure counsel had engaged in "delinquent conduct" by not providing an attorney's affirmation attesting to the accuracy of the plaintiff's documents within the time limit imposed by the judge. The appellate court reversed that finding, noting that counsel had timely moved for additional time – a fact that the trial court had ignored – and further finding that "there is no evidence of a pattern of willful noncompliance with court-ordered deadlines."
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