Bank of Am., N.A. v Angel

Appellate Division of the Supreme Court, First Department

Nov 29, 2016

2345 35173/13

Versions:2016 NY Slip Op 08025

144 AD3d 612

Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, Formerly Known as Countrywide Home Loans Servicing, LP, Respondent, v Aletha Angel, Appellant, et al, Defendants.

Aletha Angel, appellant pro se.

Bryan Cave LLP, New York (Elizabeth Goldberg of counsel), for respondent.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered December 15, 2014, which, in this mortgage foreclosure action, denied the motion of defendant Aletha Angel for sanctions against plaintiff, unanimously affirmed, without costs.

The court properly denied defendant‘s motion to impose sanctions upon plaintiff absent any showing that plaintiff‘s conduct was frivolous or without a good faith basis (see 22 NYCRR 130-1.1).

We perceive no basis for imposing sanctions against defendant at this time. Concur—Friedman, J.P., Sweeny, Saxe and Gesmer, JJ.