ROZARIO Appeals Lower Court’s Decision and Successfully Obtains Dismissal of Complaint in Foreclosure Action on RPAPL § 1304

December 2018 | ROZARIO challenged a lower court’s decision that granted Summary Judgment against our Client and denied our Client’s Motion to Dismiss. On Appeal, ROZARIO successfully argued that the lower court erred in its decision and Plaintiff’s improper service of the 90-day pre-foreclosure notice, under RPAPL §1304, warranted dismissal of the Complaint.

The Appellate Division, First Department, unanimously reversed the lower court’s decision and dismissed the Complaint against the Client. The First Department held that Plaintiff’s mere knowledge of record keeping practices and procedures was insufficient evidence to establish a presumption of proper service.

Read the full decision: CitiMortgage, Inc. v Moran

Defense of this case was led by Founding Partner, Rovin R. Rozario, with support from the ROZARIO team.

ROZARIO’s Litigation Department is dedicated to the success of our clients’ litigation matters. As trial lawyers, our attorneys exercise a degree of diligence and zealous advocacy in providing our clients with a strategic advantage by utilizing the full benefits of the law.

 

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