UNITED NATIONS FEDERAL CREDIT UNION v. DIARRA

Index No. 32276/16E. Appeal No. 13819. Case No. 2020-04203.

194 A.D.3d 506 (2021)

2021 NY Slip Op 03011

United Nations Federal Credit Union, Respondent, v. Fatoumata Diarra, Appellant, et al., Defendants.

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

Decided May 11, 2021.


Attorney(s) appearing for the Case

Law Offices of David M. DorÉ, P.C., New York ( David M. DorÉ of counsel), for appellant.

Weltman & Moskowitz, LLP, New York ( Michele K. Jaspan of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.


Plaintiff established a presumption that it properly served defendant with the requisite RPAPL 1304 notice through the affidavit of service from its counsel's employee, who averred that she served a true copy of the notice by first-class mail and certified mail, by depositing it in an official depository of the United States Postal Service upon defendant's last known address (see CIT Bank N.A. v Schiffman, ___ NY3d ___, 2021 NY Slip Op 01933, *2-4 [2021]; Ocwen...

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