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Deutsche Bank Trust Co. Ams. v Day | NYSC Denies Motion For Summary Judgment Due to Lack of Affidavits

Deutsche Bank Trust Co. Ams. v Day | NYSC Denies Motion For Summary Judgment Due to Lack of Affidavits


SUPREME COURT – STATE OF NEW YORK
IAS PART 43 – SUFFOLK COUNTY

DEUTSCHE BANK TRUST COMPANY AMERICAS
AS INDENTURE TRUSTEE FOR THE REGISTERED
HOLDERS OF SAXON ASSET SECURITIES TRUST
2005-3 MORTGAGE LOAN ASSET BACKED NOTES,
SERIES 2005-3,
Plaintiff,

-against-

DENNIS D. DAY, SMI MORTGAGE,
“JOHN DOE #1″ through “JOHN DOE #12″,
the last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants. persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendant, ,

EXCERPT:

The plaintiff alleges in the verified complaint that there has been compliance with RPAPL
§ 1304; however, neither a copy of the purported 90-day notice nor an affidavit of service of the
notice in compliance with RPAPI. § 1304 has been annexed to the moving papers (see, Aurora Loan
Servs., LLC v Weisblum, 85 AD3d 95, supra). Without an affidavit of service from one with
personal knowledge of compliance with the specific service requirements of RPAPI., § 1304 or, in
the alternative, an affidavit sufficient to show why the requirements of § 1304 do not apply, the
Court may not grant an order of reference.

[ipaper docId=76762366 access_key=key-17117pbrbepm49qovj6y height=600 width=600 /]

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