Foreclosures—Appellate Division Criticizes Trial Judge for Ignoring "Binding Precedent" and "Improperly" Relying on Material He Gathered From Independent Research—Dismissal of Foreclosure Action Reversed, Remanded and Assigned to a Different Justice—Failure to Follow an Appellate Division Decision Which Reversed the Same Trial Justice Approximately Two Months Earlier—Trial Judge Urged to Remain Abreast of and Follow Binding Precedent—Improper Independent Internet Investigation by Trial Court of the Plaintiff's Standing That Included Materials That Could Not Be Judicially Noticed and Which Was Conducted Without Providing Notice or Opportunity to Be Heard by Any Party
This case involved an action to foreclose a mortgage. The trial court had denied the lender's motion which was made pursuant to RPAPL 1321 for an order of reference. The trial court had also, sua sponte, dismissed the complaint with prejudice, cancelled a notice of pendency filed against the subject property and ordered that a hearing be held on the issue of sanctions against the lender and the law firm that was representing the lender (law firm). The trial court thereafter ordered that the lender pay a sanction of $10,000 to the Lawyers' Fund for Client Protection (fund) and that the nonparty law firm pay a sanction of $5,000 to the fund. The Appellate Division (court) reversed and granted the lender's motion for reference pursuant to RPAPL 1321. The court also remitted the matter to the trial court for further proceedings before a different justice.
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