The more I read this 7-page decision, the more I love it. Shoutout to Judge Edmund Dane for this beautiful and detailed decision. As prevailing counsel, we really appreciate it, especially when an appeal is inevitable (even if futile).
In this 2013 Reverse Mortgage foreclosure action (yes, 2013 – I was actually sworn-in as an attorney in 2013), plaintiff recently moved to Amend its Complaint and I cross-moved for dismissal as abandoned pursuant to CPLR §3215(c).
We argued that, inter alia, plaintiff has no reasonable excuse for its delay in prosecuting and that there is no “interests of justice” exception that would justify a denial of dismissal as abandoned. Judge Dane agreed with us. In fact, “[i]n arriving at that conclusion, the Court has considered myriad facts.” The Judge gives six specific reasons why dismissal is warranted. Great for us. Terrible for the bank.
Now, plaintiff’s attorneys have to explain to their client why its reverse mortgage loan action (in excess of a million dollars) just got dismissed. I would hate to be on that call!
Let me know what Sakhizada Law can do for you!
