OCWEN LOAN SERVICING LLC v. SIAME

11730. 35934/14E.

185 A.D.3d 408 (2020)

124 N.Y.S.3d 789

2020 NY Slip Op 03719

Ocwen Loan Servicing LLC, Respondent, v. Henry Siame, Also Known as Henry N. Siame, Appellant, et al., Defendants.

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

Decided July 2, 2020.


While defendant Henry Siame's fourth affirmative defense asserted that lender failed to provide the notice of default and Real Property Actions and Procedure Law 90-day notice, defendant did not assert that lender failed to demonstrate that it served him with either notice, thereby waiving these arguments by failing to raise them in his answer with the requisite specificity and particularity required by CPLR 3015(a) (see 1199 Hous. Corp. v International Fid. Ins. Co.,...

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