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Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does Not Violate the Due Process or Contract Clauses of the United States ...
By: Jonathan H. Freiberger Last Week in our BLOG article: “ It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA ,” we again discussed FAPA and noted that on November 25, 2025, the New York Court of Appeals decided two cases: Article 13 LLC v. Ponce De Leon Fed. Bank , and Van Dyke v. U.S. Bank, N. A. , in which the Court determined that retroactive application of FAPA’s provisions passes constitutional muster und
Jonathan Freiberger
Dec 5, 20257 min read
Supreme Court, Kings County, Holds That A Settlement Conference RJI Fails to Satisfy the “Take Proceedings” Requirement of CPLR 3215(c) Necessary to Avoid Dismissal
On October 31, 2025, the Supreme Court, Kings County, decided loanDepot.com LLC v. Ortner, a case addressing the meaning of the “taking proceedings” requirement of CPLR 3215(c).
Jonathan Freiberger
Nov 21, 20255 min read
Referees to Compute in Mortgage Foreclosure Actions
When a borrower borrows money from a lender the repayment obligation is evidenced by a promissory note signed by the borrower and delivered to the lender.
Jonathan Freiberger
Nov 5, 20216 min read
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