New York Court of Appeals
Bank of America, N.A. v. Andrew Kessler
February 14, 2023
Summary
The court held that a notice complying with the mandatory language of Real Property Actions and Proceedings Law § 1304 is not invalid merely because it includes concise, accurate, and relevant additional information in the same envelope. The statute's reference to notices sent separately from any other mailing or notice concerns different kinds of mailings or notices, not every additional statement, and the particular bankruptcy and military-service disclosures furthered the statute's remedial purpose. The court therefore reversed, granted the lender summary judgment, denied the borrower's motion, and remitted for further proceedings.