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BOARD OF MANAGERS OF HUDSON VIEW EAST CONDOMINIUM v. HSBC BANK USA

5764. 161208/14.

158 A.D.3d 548 (2018)

71 N.Y.S.3d 49

2018 NY Slip Op 01167

THE BOARD OF MANAGERS OF HUDSON VIEW EAST CONDOMINIUM, Respondent, v. HSBC BANK USA et al., Defendants, U.S. BANK NATIONAL ASSOCIATION, as Trustee for MORGAN STANLEY MORTGAGE LOAN TRUST 2007-8SX, Respondent, and EAST FORK CAPITAL EQUITIES LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 20, 2018.

U.S. Bank failed to show a reasonable excuse for its delay. The fact that it did not receive notice shortly after plaintiff served the summons and complaint on November 24, 2014 is entirely U.S. Bank's fault. In a publicly filed document — in fact, the document assigning the mortgage at issue in this case — U.S. Bank said its address was 4708 Mercantile Boulevard. It was reasonable for plaintiff to rely on this information. While U.S. Bank claims this address...

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