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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
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05151
Area of lawReal Property
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05151
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id215

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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Published September 2, 2026. Updated September 2, 2026.