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An administrative order issued by the state’s chief judge requires counsel for a foreclosing mortgagee to prepare an affirmation establishing the factual accuracy of the documents on which the foreclosure action is based. When the mortgagor has conceded default on the mortgage, what perceived deficiencies in the affirmation preclude issuance of an order of reference and a judgment of foreclosure and sale? The First Department recently faced that issue in Bank of America v. Brannon, NYLJ 11/1/17, p. 22., col. 1, and the issue has also provoked litigation in the Second Department. The import of those cases appears to be that when the mortgagee substantially complies with the administrative order, the mortgagee will be entitled to proceed with the foreclosure.
By Stewart E. Sterk
New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan.
Ownership of Shifting Beaches
Brokerage Commission Provision Expired
Adverse Possession/Tennis Court
Deed Obtained by False Pretenses
Negative Declaration/Time Bar
No Estoppel Against Village
Denial of Area Variance
Prior Judgment Does Not Bar Breach Claim
Accommodation of Disabilities