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HSBC BANK USA, N.A. v. GIFFORD

6646, 35004/13E.

161 A.D.3d 618 (2018)

78 N.Y.S.3d 34

2018 NY Slip Op 03738

HSBC Bank USA, National Association, Respondent, v. David Gifford, Appellant, et al., Defendants.

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

Decided May 24, 2018.

We reject defendant's contentions that plaintiff's proof of standing was insufficient and that the contents of its notice of default and 90-day notice pursuant to Real Property Actions and Proceedings Law § 1304 failed to comply with the mortgage and the statute. However, we find that plaintiff failed to carry its burden of proving proper service of the notice of default, which is a condition precedent to the commencement of a foreclosure action (RPAPL 1304 [3]). The...

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