· 10/29/2020
Matter of Tate v. O'Neill
Citations
- 131 N.Y.S.3d 546
- 187 A.D.3d 684
- 2020 NY Slip Op 06225
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing summary judgment when homeowners sufficiently pleaded lack of notice under the mortgage as an affirmative defense and the bank failed to refute the defense
- reversing summary judgment because the bank did not establish that notice and cure requirements were satisfied by attaching a letter dated six days before the complaint was filed, which indicated that acceleration had already occurred
- “[The letter attached to the Complaint] did not advise of the default, provide an opportunity to cure, or provide thirty days in which to do so. The letter attached to the Complaint did not satisfy section 22’s requirements.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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