Some New York courts have increasingly ordered risk-averse foreclosure plaintiffs to go to trial. These trials frequently conclude in dismissal and require the plaintiff to recommence the action within the time constraints of an eclipsing statute of limitations.

Al Degatano is a Senior Court Attorney Referee in the Foreclosure Settlement Conference Part and the Foreclosure Trial Part in Westchester County. Degatano, a square-jawed former criminal defense litigator with shortly-cropped gray hair, has grown accustomed to the unassuming role as the building’s trusted advisor on foreclosure matters.