Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06085
Bethpage Federal Credit Union v Anthony Pepe
Read the official decision: 2026 NY Slip Op 06085
Holding The court reversed the lower court’s grant of summary judgment to the plaintiff because the RPAPL 1304 notices failed to include the mandatory website address for the NYS Office of the Attorney General’s Homeowner Protection Program. Consequently, the notices were facially defective, and the defendant was entitled to summary judgment dismissing the complaint against him.
The court’s words
Strict compliance with RPAPL 1304 notice to the borrower is a condition precedent to the commencement of a foreclosure action
2026 NY Slip Op 06085, at the official text
Where an RPAPL 1304 notice fails to reflect information mandated by the statute, . . . the statute will not have been strictly complied with and the notice is invalid
2026 NY Slip Op 06085, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06085 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06085 |
| 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 | 1349 |
Recommended citation
ESQ HQ, New York Law Watch, Bethpage Federal Credit Union v Anthony Pepe, 2026 NY Slip Op 06085 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06085/
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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