1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 205 A.D.3d
  5. 205 A.D.3d 647 (2022)
 

HSBC BANK USA, NATIONAL ASSOCIATION v. RUSSO

Index No. 380847/09. Appeal No. 16044. Case No. 2021-03938.

205 A.D.3d 647 (2022)

169 N.Y.S.3d 617

2022 NY Slip Op 03475

HSBC Bank USA, National Association, as Trustee under the Pooling and Servicing Agreement Dated as of November 1, 2006, Fremont Home Loan Trust 2006-D, Appellant, v. Thomas Russo, Respondent, et al., Defendants.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Marshall Dennehey Warner Coleman & Goggin, P.C., New York ( Richard David Lane Jr. of counsel), for appellants.

Hach & Rose, LLP, New York ( John A. Blyth of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.

Defendant's affidavit sufficiently rebutted the presumption of service created by the affidavit of service of plaintiff's process server, as defendant averred that while the affidavit identified his address as the first floor of the subject property, he actually resided on the second floor, as the first floor was rented to a tenant, that 15 years earlier his hair had turned white, and that he was 5 feet, 8 inches, and not 5 feet, 11 inches (see NYCTL 2012-A Trust v Colbert...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases