A state judge has hit HSBC Bank and a Rochester law firm with sanctions in a case where he already dismissed with prejudice a foreclosure action and unsuccessfully demanded that a top HSBC executive appear at a sanctions hearing. Brooklyn Supreme Court Justice Arthur M. Schack (See Profile) issued a maximum $10,000 sanction against HSBC and a $5,000 sanction against the law firm of Shapiro, DiCaro & Barak, holding that both parties engaged in “frivolous conduct” during an attempted foreclosure against Bedford-Stuyvesant homeowner Ellen Taher.
Justice Schack, who is known for taking hard looks at foreclosure actions, held last summer that the bank lacked standing and called assertions made in an attorney affirmation “patently false.” He also ordered Irene Dorner, the CEO of HSBC North America Holdings, to personally appear at a sanction hearing, but she did not and instead appeared through counsel (NYLJ, July 14 and 18).
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