Judge Troia dismissed Citibank's second attempt to sue our client on the second mortgage note as if it was unsecured credit card debt. Foster & Garbus argued on behalf of Citibank that our client was not entitled to the statutory protection of RPAPL 1304, which requires a 90 day notice be sent to the homeowner BEFORE a bank can sue. The Judge disagreed and determined that Citibank was required to send the notice and it was what is called a "condition precedent." Since Citibank didn't satisfy the condition precedent the case was dismissed ... again.
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