650 Brooklyn, LLC, v. Hunte et al., Index No.
504623/2013
Supreme
Court of the State of New York: Kings County
I.A.S.
Justice Carolyn E. Demarest
Decision
& Order dated: 02/05/2015
A Kings County Supreme Court Justice
granted dismissal in favor of building owners in an action to foreclose a
mortgage on a Brooklyn, New York “mixed used” property due to the lender’s
admitted failure to give notice of the action to the residential tenants of the
building.
Plaintiff 650 Brooklyn, LLC brought
an action to foreclose a mortgage against building owners Eva and Steve Hunte
of Brooklyn, New York. The “mixed use” building contained a church as well as
two residential apartments.
The building owners, via their attorney
Robert E. Brown, moved for dismissal of the foreclosure action because the
lender didn’t give notice to the residential tenants of the mixed use building.
The Court agreed.
Mr. Brown successfully argued that a law
enacted in the wake of the foreclosure crisis to protect tenants, mandated that
tenants in mixed use buildings be given notice of the foreclosure action. In
opposition, counsel for the lender acknowledged that it did not give the tenants
of the building notice claiming that it was not required to do so.
The Supreme Court rejected the lender’s
counsel’s argument, holding that proper notice to the tenants was a condition
that must be met before the lender could maintain a foreclosure action and
dismissed the foreclosure action.
No comments:
Post a Comment