Rozario Touma, P.C., Wins Appeal to Deny Motion for Judgment of Foreclosure and Sale
Rovin Rozario successfully argued in the Appellate Division, First Department that Plaintiff’s Motion for Judgment of Foreclosure and Sale should be denied based on its failure to adhere to the strict compliance of RPAPL 1304.
The Appellate Division, First Department held that although the defense was not raised in opposition to the Motion for Summary Judgment, the Defendant was not precluded from raising the defense prior to the entry of the judgment of foreclosure and sale.
