Appellate Division, Fourth Department · October 9, 2026 · 2026 NY Slip Op 05883
Wilmington Trust, N.A. v Stradtman Park, LLC
Read the official decision: 2026 NY Slip Op 05883
Holding The appellate court affirmed the lower court’s denial of duplicative interest and its reduction of attorneys’ fees, finding that the plaintiff failed to establish the reasonableness of its requested rates and that the default rate interest rendered the note rate interest duplicative.
The court’s words
the plaintiff bears the burden of setting forth a prima facie case as to damages
2026 NY Slip Op 05883, at the official text
a foreclosure action is equitable in nature and triggers the equitable powers of the court
2026 NY Slip Op 05883, at the official text
it was not entitled to both note rate interest and default rate interest
2026 NY Slip Op 05883, at the official text
the court's determination to award $250,000 was not an abuse of discretion
2026 NY Slip Op 05883, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 9, 2026 |
| Citation | 2026 NY Slip Op 05883 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05883 |
| 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 | 1111 |
Recommended citation
ESQ HQ, New York Law Watch, Wilmington Trust, N.A. v Stradtman Park, LLC, 2026 NY Slip Op 05883 (Appellate Division, Fourth Department, October 9, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05883/
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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