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U.S. BANK, N.A. v. RODRIGUEZ

380504-11.

41 Misc.3d 656 (2013)

972 N.Y.S.2d 451

2013 NY Slip Op 23298

U.S. BANK, N.A., as Trustee for BEAR STEARNS ASSET-BACKED SECURITIES, 2006-AC1, Plaintiff, v. JORGE LUIS RODRIGUEZ et al., Defendants.

Supreme Court, Bronx County.

Decided August 5, 2013.

Attorney(s) appearing for the Case

Legal Services NYC-Bronx, Bronx ( James J. Jantarasami of counsel), for Jorge Luis Rodriguez, defendant.

Shapiro, DiCaro & Barak, LLC, Rochester ( Scott Ferraro of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT E. TORRES, J.

In this foreclosure action, the defendant Jorge Luis Rodriguez seeks an order, pursuant to CPLR 3408 and Uniform Rules for Trial Courts (22 NYCRR) § 202.12, finding that the plaintiff U.S. Bank, N.A. (US Bank), and its loan servicer, Wells Fargo Bank (Wells Fargo), violated their duty to negotiate in good faith during mandatory settlement conferences. Rodriguez...

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