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WELLS FARGO BANK, N.A. v. YAPKOWITZ

2019-00133, 2019-00134, 2019-00135, 2019-00136. Index No. 33182/13.

199 A.D.3d 126 (2021)

155 N.Y.S.3d 163

2021 NY Slip Op 05139

WELLS FARGO BANK, N.A., as Trustee for the Certificate holders of the MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-HE3, Appellant, v. FRED J. YAPKOWITZ et al., Respondents, et al., Defendants.

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

Decided September 29, 2021.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York City ( Daniel LoPresti of counsel), for appellant.

Becker Law Firm, PLLC, New City ( Steven H. Becker of counsel), for respondents.

HINDS-RADIX and BARROS, JJ., concur with WOOTEN, J.; DILLON, J.P., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

This appeal presents an issue of first impression before this Court as to whether a plaintiff in a foreclosure action may satisfy the requirements of RPAPL 1304 by mailing a 90-day notice jointly addressed to two or more borrowers. We hold that this practice...

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