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BANK OF AM., N.A. v. KESSLER

2018-00886. Index No. 54780/14.

202 A.D.3d 10 (2021)

160 N.Y.S.3d 277

2021 NY Slip Op 06979

BANK OF AMERICA, N.A., Appellant, v. ANDREW KESSLER, Respondent, et al., Defendants.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Bryan Cave Leighton Paisner LLP, New York City (Jonathan E. Ginsberg and Suzanne M. Berger of counsel), for appellant.

Charles Wallshein Esq. PLLC, Melville, for respondent.

LASALLE, P.J., and MASTRO, J., concur with DUFFY, J.; MILLER, J., dissents in a separate memorandum.

OPINION OF THE COURT

This appeal requires this Court to address the issue of how exacting the requirement of strict compliance is with respect to the "separate envelope" mandate of RPAPL 1304; to wit, in a mortgage foreclosure action, how should the "separate envelope" requirement of RPAPL 1304(2), which provides that "notices...

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