Opinion
2018–04097 Index No. 500884/15
01-15-2020
FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellant, v. Louise BAILEY, Respondent, et al., Defendants.
Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Louis A. Levithan of counsel), for appellant.
Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Louis A. Levithan of counsel), for appellant.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER 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 RPAPL 1304(2) in effect at the relevant time (see L 2009, ch 507, § 1–a [eff Jan 14, 2010]; BAC Home Loans Servicing, L.P. v. Chertov , 165 A.D.3d 1214, 1215–1216, 87 N.Y.S.3d 623 ). The notices listed five agencies in the New York City area, which was the region where the borrower resided. Hence, the court lacked a proper basis to, in effect, upon searching the record, award summary judgment to the defendant Louise Bailey dismissing the complaint insofar as asserted against her.
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 RPAPL 1304 (compare U.S. Bank N.A. v. Cope , 175 A.D.3d 527, 529–530, 107 N.Y.S.3d 104, with Wells Fargo Bank, N.A. v. Heiney , 168 A.D.3d 1126, 1127, 93 N.Y.S.3d 84 ).
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.