Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05151
11-36 31st Ave. Lender, LLC v RM Newman, LLC
Read the official decision: 2026 NY Slip Op 05151
Holding The Appellate Division reversed the judgment regarding the deficiency judgment because the plaintiff’s electronic filing of motion papers did not constitute proper service under RPAPL 1371(2). Consequently, the failure to provide proper notice served as a complete bar to the entry of the deficiency judgment.
The court’s words
the plaintiff's electronic filing of the motion papers on the New York State Courts Electronic Filing System did not constitute proper service in accordance with RPAPL 1371(2)
2026 NY Slip Op 05151, at the official text
this constitutes a complete bar to the entry of a deficiency judgment
2026 NY Slip Op 05151, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05151 |
| Area of law | Real Property |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05151 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 215 |
Recommended citation
ESQ HQ, New York Law Watch, 11-36 31st Ave. Lender, LLC v RM Newman, LLC, 2026 NY Slip Op 05151 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05151/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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