NOTES & DECISIONS 

206 Jericho Realty LLC v. 7318 18th Ave., Inc., 36 Misc. 3d 1207(A), 953 N.Y.S.2d 554 (Sup. Ct. 2012) (reversing summary judgment order in foreclosure due to the existence of issues of fact as to whether a loan allegedly made to a corporation was, in reality, a personal loan to an individual and, resultantly, could be deemed usurious on account of the true interest rate being in excess of 16 percent per annum)

Bank of Am., N.A. v. Kljajic, 168 A.D.3d 659, 91 N.Y.S.3d 231 (N.Y. App. Div. 2d Dep’t 2019) (reversing summary judgment order in foreclosure action due to the plaintiff’s failure to show compliance with the required 90-day notice before commencing foreclosure action pursuant to RPAPL 1304)

Citimortgage, Inc. v. Ford, 186 A.D.3d 1609, 129 N.Y.S.3d 837 (N.Y. App. Div. 2d Dep’t 2020) (reversing summary judgment order in foreclosure action and dismissing complaint against the defendant as time-barred)

Deutsche Bank Nat’l Tr. Co. v. Crimi, 184 A.D.3d 707, 126 N.Y.S.3d 197 (N.Y. App. Div. 2d Dep’t 2020) (reversing summary judgment order in foreclosure action as the plaintiff failed to establish it complied with requirements for notice of default, the plaintiff was estopped from relying on mailing of notice of default by predecessor in interest to satisfy its notice requirements; and the plaintiff’s claim that the loan was not a home loan was not supported by admissible evidence, and therefore the plaintiff was required to comply with 90-day notice requirements pursuant to RPAPL 1304)

Deutsche Bank Nat’l Tr. Co. v. Elshiekh, 179 A.D.3d 1017, 118 N.Y.S.3d 183 (N.Y. App. Div. 2d Dep’t 2020) (reversing summary judgment order in foreclosure action as the plaintiff had filed successive summary judgment motions, including successive renewal motions, which presented evidentiary deficiencies)

Emigrant Mortg. Co., Inc. v. Hartman, 173 A.D.3d 977, 105 N.Y.S.3d 465 (N.Y. App. Div. 2d Dep’t 2019) (reversing order which denied the defendant’s motion to reject a referee’s report of sale in a foreclosure action, and holding that the referee had erred in calculations of amount to be credited to the defendant for post-judgment payments received by the plaintiff)

HPHD Invs. Grp., LLC v. Ioannou, 188 A.D.3d 1168, 137 N.Y.S.3d 484 (N.Y. App. Div. 2d Dep’t 2020) (reversing summary judgment order in commercial foreclosure action due to the existence of issues of fact as to whether the defendant was fraudulently induced to sign mortgage loan)

In re Ebadi, 448 B.R. 308 (Bankr. E.D.N.Y. 2011) (court granted debtor’s motion to reopen dismissed case, vacate foreclosure sale, and award actual damages for creditor’s willful violation of automatic stay)

In re Feldman, 309 B.R. 422 (Bankr. E.D.N.Y. 2004) (in bankruptcy appeal, District Court held that (a) bankruptcy court did not have in rem jurisdiction over real property of non-debtor spouse of debtor, and, consequently, court could not provide prospective relief to creditors from automatic stay as to spouse; and (b) adversary proceeding had to be commenced by the creditors through service of summons and complaint in order for court to have jurisdiction over non-debtor who was not co-owner of property of estate.

In re Inflight Newspapers, Inc., 423 B.R. 6 (Bankr. E.D.N.Y. 2010) (in adversary proceeding brought against debtor’s purported former vice-president and his wife, asserting claims for, inter alia, conversion, money had and received, breach of fiduciary duty, avoidance of fraudulent transfers, unjust enrichment, and self-dealing, the court held that factual issues precluded summary judgments on statute of limitations grounds)

JPMorgan Chase Bank, N.A. v. Lyon, 176 A.D.3d 693, 694, 107 N.Y.S.3d 699, 700 (N.Y. App. Div. 2d Dep’t 2019) (reversing summary judgment in foreclosure action due to the plaintiff’s failure to show compliance with requirement of foreclosure filing with the Superintendent Financial Services pursuant to RPAPL 1306)

Landscaping With Grace, Inc. v. Rickert, 60 Misc. 3d 134(A), 110 N.Y.S.3d 197 (N.Y. App. Term. 2018) (reversing judgment in commercial claims action for breach of contract where the plaintiff failed to prove that it had any agreement, written or otherwise, with the defendant or that the person who dealt with the plaintiff had authority to act as defendant’s agent)

Lester v. New York State Off. of Parks, Recreation & Historic Pres., 139 A.D.3d 767, 32 N.Y.S.3d 225 (N.Y. App. Div. 2d Dep’t 2016) (reversing summary judgment order in age discrimination action due to the existence of material issues of fact as to whether the employer had legitimate, nondiscriminatory reasons for refusing to allow lifeguard applicant to take test for new hires in “jammer” swimsuit rather than his state-issued lifeguard uniform)

U.S. Bank Nat’l Ass’n v. Offley, 170 A.D.3d 1240, 97 N.Y.S.3d 307 (N.Y. App. Div. 2d Dep’t 2019) (reversing summary judgment order in foreclosure action due to the plaintiff’s failure to show compliance with the required 90-day notice before commencing foreclosure action pursuant to RPAPL 1304)

U.S. Bank Nat’l Ass’n v. Powell, 187 A.D.3d 1238, 131 N.Y.S.3d 558 (N.Y. App. Div. 2d Dep’t 2020) (reversing summary judgment order in foreclosure action due to the plaintiff’s failure to show plaintiff was not required to comply with the 90-day notice before commencing foreclosure action pursuant to RPAPL 1304)