Ahmed v Carrington Mtge. Servs., LLC

Summary

The Appellate Division, Second Department, affirmed a judgment dismissing the plaintiff's claims against a mortgage servicer for breach of a loan modification agreement and violation of the Fair Credit Reporting Act. The court held that the plaintiff failed to prove actual damages from allegedly late property-tax payments or inaccurate credit reporting, and that the law-of-the-case doctrine did not preclude the trial court from determining damages after trial.

Holdings

1. The law-of-the-case doctrine did not prevent the Supreme Court from determining after trial that the plaintiff failed to prove damages.
2. The plaintiff failed to establish actual damages resulting from Carrington's alleged breach of the loan modification agreement.
3. The plaintiff failed to prove actual damages resulting from the allegedly incorrect credit reporting and therefore could not recover on his viable FCRA claim.

Questions Presented

1. Whether the law-of-the-case doctrine barred the Supreme Court from determining after trial that the plaintiff failed to prove damages despite an earlier summary judgment determination concerning liability.
2. Whether the plaintiff proved actual damages necessary to recover for breach of the loan modification agreement.
3. Whether the plaintiff proved actual damages on his viable Fair Credit Reporting Act claim.

Disposition

affirmed