Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

JP MORGAN CHASE BANK, N.A., plf-ap, v. WINSTON SALMON, def-res, ROHAN SALMON def

4812. JP MORGAN CHASE BANK, N.A., plf-ap, v. WINSTON SALMON, def-res, ROHAN SALMON def — Fein, Such & Crane, LLP, Syracuse (John A. Cirando of counsel), for ap — Adam Seiden, Mount Vernon, for res — Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered November 18, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for leave to renew its motion for summary judgment, unanimously affirmed, with costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

4812. JP MORGAN CHASE BANK, N.A., plf-ap, v. WINSTON SALMON, def-res, ROHAN SALMON def — Fein, Such & Crane, LLP, Syracuse (John A. Cirando of counsel), for ap — Adam Seiden, Mount Vernon, for res — Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered November 18, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for leave to renew its motion for summary judgment, unanimously affirmed, with costs.

Even if the reason that the affidavit submitted by plaintiff’s servicing agent was not offered on the original motion was sufficient (see Mattis v. Keen, Zhao, 54 AD3d 610, 612 [1st Dept 2008]), plaintiff did not establish its prima facie entitlement to judgment as a matter of law since it failed to demonstrate proof of mailing and, therefore, strict compliance with RPAPL 1304 (see Aames Capital Corp. v. Ford, 294 AD2d 134, 134 [1st Dept 2002]); Bank of N.Y. Melton v. Aquino, 131 AD3d 1186, 1186-1187 [2d Dept 2015]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements