Firm News
New York Court of Appeals Grants Leave to Appeal in Van Dyke v. US Bank to Resolve Questions of Retroactivity and Constitutionality of the Foreclosure Abuse Prevention Act
On May 20, 2025, the New York Court of Appeals, New York’s highest court, granted leave to appeal on behalf of Defendant-Appellant, U.S. Bank, National Association (“U.S. Bank”), in Van Dyke v. US Bank, Mo. No. 2025-226. The Court is set to review the February 18,...
New York Court of Appeals Rejects “Separate Envelope Rule”
New York Court of Appeals Rejects “Separate Envelope Rule”, Holding a Bright Line Rule Not Appropriate for RPAPL § 1304. On February 14, 2023, the New York State Court of Appeals issued a favorable decision in Bank of America, N.A. v. Kessler, rejecting the Second...