Bank fails to set forth Facts, Evidence and Law in Moving Papers as Required by NY CPLR 2214 - Relie
HSBC Bank commenced a mortgage foreclosure in New York State Supreme Court, Kings County New York on or about April 17, 2008. "The affirmation avers that the thirty-two allegations of fact [entitled the bank to foreclose] contained therein are based on information and belief derived from a review of file maintained at counsel's office and from conversations with plaintiff's staff." Pp. 1. Woefully inadequate, the affirmation refers to exhibits that were not there and stated allegations based upon information and relief. The New York Civil Practice Law and Rules requires that a Plaintiff, or a bank trying to foreclose on a home in New York, have actual information and standing to state an action for foreclosure. The Plaintiff Bank failed to comply with the rules:
NY CPLR 2214 requires that a movant set forth the facts, the proffered evidence and the law relied upon for the relief it is requesting. By not explaining the annexed exhibits the movant has not complied with CPLR 2214 and has made the motion into a puzzle and a mystery (Id.).
Here, "the Court is being asked to sort through all of the unexplained annexed exhibits to figure out what they are and what their relevance is to relief sought." The Court holds that "In the interest of judicial economy, the Court stopped reviewing the instant motion papers after finding the above mentioned problem. In the event that the movant seeks the same relief in a subsequent motion it is directed to annex the instant decision and order with its motion papers; include an index and protruding tabs for all exhibits annexed to its motion and otherwise comply with Kings County Supreme Court Uniform Civil Term Rules as set forth herein."
Yet Bank Failure - should you be facing foreclosure, contact the Law Offices of Cory H. Morris for a free evaluation of your case.
The case is HSBC Bank USA v. Jones, 12103/08, NYLJ 1202750743933, at *1 (Sup., KI, Decided January 19, 2016).
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