Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether plaintiff’s execution of a stipulation to discontinue prior foreclosure action constituted an affirmative act to revoke plaintiff’s election to accelerate the mortgage, thereby rendering subsequent foreclosure action timely. Related Case: Freedom Mortgage Corp. v. Engel; Vargas v. Deutsche Bank National Trust Co.; Wells Fargo Bank NA v. Ferrato.
January Session
Doe v. Bloomberg LP
Decision: 2021.02.11 Argument: 2021.01.07 vid. tr. Whether an individual owner or officer of corporate employer may be held strictly liable under the New York City Human Rights Law (Administrative Code of City of NY ยง 8-107(13)(b)) where plaintiff fails to allege that individual owner or officer encouraged, condoned or approved of alleged discriminatory conduct.
Freedom Mortgage Corp. v. Engel
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether mortgagee’s voluntary discontinuance of prior foreclosure action constituted an affirmative act of revocation of its prior election to accelerate the mortgage debt; prior foreclosure action discontinued by so-ordered stipulation, which was silent on issue of revocation of election to accelerate. Related Cases: Ditech Financial, LLC v. Naidu; Vargas…
Greene v. Esplanade Venture Partnership
Decision: 2021.02.18 Argument: 2021.01.06 vid. tr. Whether Supreme Court improvidently exercised its discretion to grant that branch of plaintiffs’ motion which was for leave to amend the complaint to add a cause of action sounding in negligent infliction of emotional distress, alleging, among other things, that plaintiff grandmother suffered emotional distress as a result of…
Matter of Juarez v. N.Y.S. Office of Victim Services
Decision: 2021.02.18 Argument: 2021.01.06 vid. tr. Whether New York State Office of Victim Services exceeded its authority under Executive Law article 22 to adopt regulations for the approval of crime victims’ counsel fee requests by amending its regulations to provide that such awards may be considered only for fees incurred in successful administrative reconsideration reviews…
Vargas v. Deutsche Bank National Trust Co.
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether letter from defendant’s predecessor-in-interest, which informed plaintiff that the mortgage debt would be accelerated if he failed to cure his default, accelerated the loan balance and commenced the statute of limitations for foreclosure action; whether discontinuance of prior foreclosure action constituted an affirmative act by defendant to revoke…
Wells Fargo Bank NA v. Ferrato
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether plaintiff failed to affirmatively revoke acceleration of mortgage debt, where plaintiff voluntarily discontinued foreclosure action. Related Cases: Freedom Mortgage Corp. v. Engel; Ditech Financial, LLC v. Naidu; Vargas v. Deutsche Bank National Trust Co.