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CPLR › Dismissals › Appellate Courts

Freiberger Haber LLP

The Second Department Holds That Lender Cannot Use CPLR 3215(c) to Avoid Dismissal of Foreclosure Action Despite Death of Borrower

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Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more

Harris Beach Murtha PLLC

Recent Cases from New York’s Second Department Clarify What is Necessary for a Pre-Note of Issue Dismissal

Harris Beach Murtha PLLC on

In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting the Tolkoff and Onyenwe cases shows how the Court distinguishes between a violation of...more

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