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BAC HOME LOANS SERVICING, LP v. MAESTRI, KENNETH
Citations: 134 A.D.3d 1593; 21 N.Y.S.3d 925Docket: CA 15-00517
Court: Appellate Division of the Supreme Court of the State of New York; December 30, 2015; New York; State Appellate Court
Original Court Document: View Document
In the case of BAC Home Loans Servicing, LP v. Kenneth Maestri, the Appellate Division of the Supreme Court of New York addressed an appeal concerning a mortgage foreclosure action. The plaintiff, BAC Home Loans Servicing, sought to vacate a prior order from January 3, 2014, that denied its motion to reinstate a complaint dismissed by the court on December 13, 2012, for abandonment under CPLR 3215(c). The Appellate Division reversed the lower court's order, finding that the dismissal was improper as it was made sua sponte without extraordinary circumstances justifying such action. The court emphasized that a plaintiff does not abandon a foreclosure action if they take preliminary steps, such as moving for an order of reference within one year of the defendant’s default. The ruling reinstated the complaint, underscoring the importance of allowing the plaintiff to proceed with their foreclosure claim. The order was entered on December 31, 2015, with the court ruling unanimously in favor of the plaintiff, with no costs assessed.