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US BANK N.A. v. SARMIENTO

2012-03513

121 A.D.3d 187 (2014)

991 N.Y.S.2d 68

2014 NY Slip Op 05533

US BANK NATIONAL ASSOCIATION, Appellant, v. JOSE SARMIENTO, Respondent, et al., Defendants.

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

Decided July 30, 2014.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York City ( David Dunn and Nathaniel E. Marmon of counsel), for appellant.

Fuster Law, P.C., Long Island City ( J.A. Sanchez-Dorta of counsel), for respondent.

RIVERA, J.P., SKELOS and LOTT, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

On appeal in this mortgage foreclosure action, the plaintiff contends that the Supreme Court erred in determining that it failed to negotiate in good faith during mandatory settlement conferences conducted pursuant to CPLR 3408, and that, in any event, the Supreme Court lacked the authority to impose any sanctions against it on the ground that it violated the "good faith" requirement of CPLR 3408 (f). In addressing these...

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