Federal Natl. Mtge. Assn. v. BaileyFederal Natl. Mtge. Assn. v. Bailey
Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Louis A. Levithan of counsel), for appellant.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated January 22, 2018. The order denied that branch of the plaintiff‘s motion which was for summary judgment on the complaint insofar as asserted against the defendant Louise Bailey and, in effect, upon searching the record, awarded summary judgment
ORDERED that the order is modified, on the law, by deleting the provision thereof which, in effect, upon searching the record, awarded summary judgment to the defendant Louise Bailey dismissing the complaint insofar as asserted against her; as so modified, the order is affirmed, without costs or disbursements.
We disagree with the Supreme Court‘s finding that the contents of the 90-day notices submitted by the plaintiff did not comply with the version of
Nevertheless, we agree with the Supreme Court‘s determination denying that branch of the plaintiff‘s motion which was for summary judgment on the complaint insofar as asserted against Bailey. Contrary to the plaintiff‘s contention, the documentation submitted in support of that branch of its motion was insufficient to establish, prima facie, that it complied with the strict mailing requirements of
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court