New York Mortgage Servicing Corp. v. Dake

11 Citing cases

  1. Citimortgage, Inc. v. Peralta

    200 A.D.3d 755 (N.Y. App. Div. 2021)   Cited 1 times

    Here, the amendments sought were palpably insufficient or patently devoid of merit (seePirrelli v. OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692–693, 12 N.Y.S.3d 110 ; Wells Fargo Bank, N.A. v. Wine, 90 A.D.3d 1216, 1218, 935 N.Y.S.2d 664 ; New York Mtge. Servicing Corp. v. Dake, 179 A.D.2d 1007, 1008, 579 N.Y.S.2d 276 ). The defendant's remaining contention is without merit.

  2. CitiMortgage, Inc. v. Peralta

    No. 2021-06832 (N.Y. App. Div. Dec. 8, 2021)

    "Leave to amend a pleading shall be freely given absent prejudice or surprise resulting directly from the delay unless the proposed amendment is palpably insufficient or patently devoid of merit" (Tavor v Lane Towers Owners, Inc., 197 A.D.3d 584, 586 [internal quotation marks omitted]). Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008).

  3. CitiMortgage, Inc. v. Peralta

    No. 2018-11159 (N.Y. App. Div. Dec. 8, 2021)

    "Leave to amend a pleading shall be freely given absent prejudice or surprise resulting directly from the delay unless the proposed amendment is palpably insufficient or patently devoid of merit" (Tavor v Lane Towers Owners, Inc., 197 A.D.3d 584, 586 [internal quotation marks omitted]). Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008).

  4. CitiMortgage, Inc. v. Peralta

    2021 N.Y. Slip Op. 6832 (N.Y. Sup. Ct. 2021)

    Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008). The defendant's remaining contention is without merit.

  5. CitiMortgage, Inc. v. Peralta

    2021 N.Y. Slip Op. 6832 (N.Y. Sup. Ct. 2021)

    Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008). The defendant's remaining contention is without merit.

  6. Manna Amsterdam Ave., LLC v. Epstein

    2021 N.Y. Slip Op. 30762 (N.Y. Sup. Ct. 2021)   Cited 1 times

    The Amended Complaint also alleged court filings show, beginning in 2016, and on February 9, 2018, that Ace and Imperial, through their attorney Epstein and one or more of the other defendants entered numerous money judgments against various other alleged judgment debtors in courts in the Greater New York area on the basis of misrepresentations made to the courts' judgment clerks. Even assuming the Amended Complaint sufficiently pleaded bank fraud, to sustain their civil RICO claim, plaintiffs were required to allege that multiple predicates constituted a pattern of racketeering activity (Besicorp, 290 AD2d at 152; New York Mtge. Servicing Corp. v Dake, 179 AD2d 1007, 1008 [4th Dept 1992], citing see H.J. Inc. v Northwestern Bell Telephone Co., 492 US 229, 229-230 [1989]). Having failed to allege facts sufficient to maintain their causes of action for wire fraud, mail fraud and extortion, plaintiffs' RICO claim fails as plaintiffs have not pleaded the requisite pattern of racketeering activity.

  7. K9 Bytes, Inc. v. Arch Capital Funding, LLC

    2017 N.Y. Slip Op. 30954 (N.Y. Sup. Ct. 2017)   2 Legal Analyses

    Further, to allege a pattern of racketeering activity, a party must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." N.Y. Mortg. Servicing Corp. v. Dake, 179 A.D.2d 1007, 1007, 579 N.Y.S.2d 276, 277 (4th Dept. 1992).

  8. K9 Bytes, Inc. v. Arch Capital Funding, LLC

    56 Misc. 3d 807 (N.Y. Sup. Ct. 2017)   Cited 62 times
    Explaining that "[i]t has long been settled in this state that criminal usury may only be asserted as a defense by a corporation, and never as a means to seek affirmative relief."

    Further, to allege a pattern of racketeering activity, a party must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." N.Y. Mortg. Servicing Corp. v. Dake, 179 A.D.2d 1007, 1007, 579 N.Y.S.2d 276, 277 (4th Dept.1992). Plaintiffs allege that this activity consisted of Arch and Cap Call, "through its [sic] representatives, engaged in more than two loan misrepresentations, whether through loan-only emails or verbally."

  9. K9 Bytes, Inc. v. Arch Capital Funding, LLC

    2017 N.Y. Slip Op. 27166 (N.Y. Sup. Ct. 2017)

    Further, to allege a pattern of racketeering activity, a party must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." NY Mortg. Servicing Corp. v. Dake, 179 AD2d 1007, 1007, 579 N.Y.S.2d 276, 277 (4th Dept. 1992). Plaintiffs allege that this activity consisted of Arch and Cap Call, "through its [sic] representatives, engaged in more than two loan misrepresentations, whether through loan-only emails or verbally."

  10. Carnegie Assocs., Ltd. v. United Nat'l Funding, LLC

    2012 N.Y. Slip Op. 33354 (N.Y. Sup. Ct. 2012)

    "[T]o allege a pattern of racketeering activity, a party 'must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity' [internal citation omitted]." New York Mtge. Servicing Corp. v Dake, 179 AD2d 1007, 1008 (4th Dept 1992).