U.S. BANK N.A. v. MAIORIELLO

35006/18E. Appeal No. 15363. Case No. 2021-02051.

202 A.D.3d 644 (2022)

159 N.Y.S.3d 859

2022 NY Slip Op 01263

U.S. Bank National Association, as Trustee for MASTR Asset Backed Securities Trust 2006-FRE2, Mortgage Pass-Through Certificates Series 2006-FRE2, Respondent, v. Michael J. Maioriello Jr., Also Known as Michael Maioriello and Another, et al., Appellants, et al., Defendants.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for appellants.

Reed Smith LLP, New York ( Michael V. Margarella of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.


Supreme Court providently exercised its discretion in granting leave to renew based on plaintiff's submission of evidence to show that it reasonably believed that the agency list it supplied to defendants with the 90-day notices came directly from the Department of Financial Services (DFS). The additional evidence submitted on renewal shows that plaintiff did provide "at least five housing counseling agencies serving the county where the property is located from the most...

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