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U.S. BANK NATIONAL ASSOCIATION v. MAIORIELLO

Index No. 35006/18E. Appeal No. 15363. Case No. 2021-02051.

207 A.D.3d 428 (2022)

170 N.Y.S.3d 879

2022 NY Slip Op 04706

U.S. Bank National Association, Respondent, v. Michael J. Maioriello Jr., Also Known as Michael Maioriello, et al., Appellants, et al., Defendants.

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

Decided July 26, 2022.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn (James Tierney of counsel), for appellants.

Reed Smith LLP, New York (Michael V. Margarella of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.

Plaintiff's mailing of a 90-day notice jointly addressed to both borrowers did not comply with RPAPL 1304 (see Wells Fargo Bank, N.A. v Yapkowitz, 199 A.D.3d 126, 134-136 [2d Dept 2021]). Although defendants failed to raise this point before the motion court, the issue of plaintiffs' strict compliance with RPAPL was before the motion court and the noncompliant nature of the jointly addressed notices may be addressed on appeal, as the deficiency is apparent on the face...

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