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IYARE v. LITTON LOAN

12 Misc.3d 123 (2006)

820 N.Y.S.2d 676

ADONIS IYARE, Respondent, v. LITTON LOAN SERVICING, LP, Appellant.

Supreme Court, Appellate Term, Second Department.

February 6, 2006.

Attorney(s) appearing for the Case

Carus & Manniello, P.C., Syosset (Edward Rugino of counsel), for appellant.

Adonis Iyare, respondent pro se.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed without costs, defendant's motion for summary judgment granted and complaint dismissed.

In order to show entitlement to damages pursuant to the Real Estate Settlement Procedures Act (RESPA) for alleged improper late charges during the transfer period of his loan from his prior servicer to defendant, plaintiff had to show that...

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