PIB Law Appellate Mortgage Newsletter Issue 3 Print PDF
We are pleased to share the latest issue of the PIB Appellate Mortgage Newsletter (issue 3).
This newsletter summarizes recent relevant appellate decisions from the following jurisdictions in which our lawyers practice: New York, New Jersey, Pennsylvania, Massachusetts, Connecticut and California.
For ease of reference, each case summary begins with a brief synopsis of the topics that are generally covered in that case.
Below are a few highlighted cases covered in this edition of the newsletter:
- New York: Claim for violation of General Business Law § 349 survives motion to dismiss where the defendant/counterclaimant pled that plaintiff engaged in deceptive conduct by miscommunicating the terms of a forbearance agreement and that the defendant was damaged thereby. (Ngo)
- New York: Transmission of an email setting forth terms of settlement may be binding under CPLR 2104. (Kendall)
- New York: Although the foreclosing plaintiff’s first affidavit failed to establish compliance with RPAPL 1304, the trial court should have considered the plaintiff’s second affidavit, because it was submitted in opposition to the defendant’s cross-motion in response to a specific argument raised for the first time in opposition to the plaintiff’s motion and in support of the defendant’s cross-motion. (Pickering-Robinson)
- New Jersey: Defendant’s allegations of fraud were barred by laches, even though the statute of limitations had not expired. (Bascom)
- California: A stipulated settlement cannot avoid a prior judgment finding unclean hands against a settling party. (Phan)
Please contact Scott Parker with any questions in this newsletter.