Citimortgage, Inc. v. Succes

Summary

The New York Appellate Division, Second Department, reversed an order granting CitiMortgage summary judgment and an order of reference in a mortgage foreclosure action. The court held that CitiMortgage failed to establish prima facie compliance with the ninety-day notice requirements of RPAPL 1304 because its evidence did not establish that the notices were sent by first-class mail.

Holdings

1. Citimortgage failed to establish prima facie that it complied with RPAPL 1304 because its documentary evidence did not establish that the required notices were mailed by first-class mail.

Questions Presented

1. Whether Citimortgage established prima facie compliance with RPAPL 1304's pre-foreclosure notice and mailing requirements.
2. Whether summary judgment and an order of reference could be granted when the plaintiff failed to establish satisfaction of a statutory condition precedent to commencing the foreclosure action.

Disposition

reversed