Nassau County Supreme Court is now requiring plaintiffs in residential foreclosure actions to file an additional Affirmation for pending motions that the Court may find to be stale. Parties are receiving the below filed notice which directs the additional requirements.
Plaintiff’s counselor must affirm that they reviewed the motion for accuracy, currency with respect to any applicable changes in the law or legal precedent (Kessler?) during the pendency of the motion, as well as compliance with all requirements imposed as a result of the impact of the COVID-19 pandemic.
Plaintiff’s counselor must also state that they communicated with a plaintiff representative, who has personally reviewed plaintiff’s documents for factual accuracy and can confirm that the subject loan is not on any hold or stay. Failure to file the Affirmation by April 15, 2022 may result in a denial of the motion, without prejudice.
We shall see how this plays out. While I am sure this additional requirement will help some of my clients, my hope is that it does not give plaintiffs’ attorneys another bite at the apple where they allow pending motions to be denied (without prejudice and not decided on the merits) just so they can fix their evidentiary issues in a successive motion.
