HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR HOLDERS OF DEUTSCHEALT SECURITIES INC v. Sung Jin Min, et al., Defendants. (2025)

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered July 10, 2024, which, inter alia, upon renewal, granted plaintiff's motion for summary judgment and dismissed defendant's affirmative defenses, unanimously reversed, on the law, without costs, and the motion denied.

Contrary to plaintiff's contention, even if plaintiff served a sufficiently compliant notice in June 2014 in advance of a prior 2015 action that was dismissed, there is no dispute that this 90–day notice did not contain all of the mandatory language and information set forth in the version of RPAPL 1304(1) in effect at the time plaintiff commenced this action in 2019 (see Bank of Am., N.A. v. Kessler, 39 N.Y.3d 317, 325, 186 N.Y.S.3d 85, 206 N.E.3d 1228 [2023]).  Thus, plaintiff did not establish that it strictly complied with RPAPL 1304(1) (see HSBC Bank USA v. Rice, 155 A.D.3d 443, 443, 63 N.Y.S.3d 382 [1st Dept. 2017]).