FLUSHING SAV. BANK v. BITAR

No. 84.

25 N.Y.3d 307 (2015)

33 N.E.3d 1282

12 N.Y.S.3d 12

2015 NY Slip Op 04678

FLUSHING SAVINGS BANK, FSB, Appellant, v. PIERRE BITAR, Also Known as PIERRE M. BITAR, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided June 4, 2015.


Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City ( Laurel R. Kretzing,   Antonia M. Donohue and Christopher E. Vatter of counsel), for appellant.

Respondent pro se precluded.

Eric T. Schneiderman, Attorney General, New York City ( Mark H. Shawhan,   Barbara D. Underwood and Steve C. Wu of counsel), for Attorney General of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges READ, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.


OPINION OF THE COURT

Real Property Actions and Proceedings Law § 1371 delineates the steps a lender must take in a mortgage foreclosure action before securing a deficiency judgment against a borrower (RPAPL 1371 [1]-[4]). On this appeal, we examine not only the sufficiency...

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