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U.S. BANK N.A. v. HAZAN

850240/14, 6830, 10244.

176 A.D.3d 637 (2019)

109 N.Y.S.3d 646

2019 NY Slip Op 07850

U.S. Bank National Association, Appellant, v. Elizabeth Hazan et al., Respondents, et al., Defendants. 1 East 62nd Street Apt 1A LLC, Intervenor-Respondent.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

Eckert Seamans Cherin & Mellott, LLC, White Plains ( Riyaz G. Bhimani of counsel), for appellant.

Marzec Law Firm, P.C., Brooklyn ( Jerome Noll of counsel), for Elizabeth Hazan and Real Estate Holdings Group, L.D.C., respondents.

Richland & Falkowski, PLLC, Washingtonville ( Daniel H. Richland of counsel), for 1 East 62nd Street Apt 1A LLC, respondent.

Concur—Friedman, J.P., Gische, Kapnick, Kern, JJ.

Plaintiff commenced a prior foreclosure action on April 7 2008, in which it purported to accelerate the underlying mortgage debt. Defendant Hazan moved to dismiss based on plaintiff's failure to comply with the 30-day notice requirement contained in Section 22 of the mortgage, and her motion was granted due to plaintiff's failure "to comply with the condition precedent regarding service of the thirty-day notice accelerating the loan." When plaintiff commenced this action...

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