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WILMINGTON SAVINGS FUND SOCIETY, FSB v. HAYES

109882/09. 7812. 7811.

167 A.D.3d 440 (2018)

87 N.Y.S.3d 876

2018 NY Slip Op 08353

Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Respondent, v. Sharay Hayes, Appellant, et al., Defendants.

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

Decided December 6, 2018.

Plaintiff failed to prove that the 90-day notice required by RPAPL 1304 and the 30-day notice required by defendant Hayes's mortgage were actually mailed to defendant (see American Tr. Ins. Co. v Lucas, 111 A.D.3d 423 [1st Dept 2013]). The sole documentary proof of actual mailing was a printout that was never admitted at trial; rather, the trial court erroneously allowed plaintiff's witness...

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