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AURORA LOAN SERVS. v. WEISBLUM

2010-03065, 2010-05864.

85 A.D.3d 95 (2011)

923 N.Y.S.2d 609

2011 NY Slip Op 4184

AURORA LOAN SERVICES, LLC, Respondent, v. STEVEN WEISBLUM et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 17, 2011.

Attorney(s) appearing for the Case

Fred L. Seeman , New York City ( Peter Kirwin of counsel), for appellants.

Knuckles, Komosinski & Elliott, LLP, Elmsford ( Fincey John of counsel), for respondent.

DILLON, J.P., BELEN and ROMAN, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

In First Natl. Bank of Chicago v Silver (73 A.D.3d 162 [2010]) (hereinafter Silver), we held that the plaintiff in a foreclosure action has the burden of demonstrating compliance with Real Property Actions and Proceedings Law § 1303, a notice requirement of the Home Equity Theft Prevention Act (see Real Property Law § 265-a [hereinafter HETPA]). Proper...

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