STRUCTURED ASSET SECURITIES CORPORATION v. EDWARDS (2025)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Jeffrey Edwards appeals from an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated February 1, 2024.  The order denied that defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him.

ORDERED that the order is affirmed, with costs.

In April 2023, the plaintiff commenced this action against the defendant Jeffrey Edwards (hereinafter the defendant), among others, to foreclose a mortgage encumbering certain real property located in Huntington.  The defendant moved pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him on the ground, inter alia, that the plaintiff failed to comply with the notice requirement of RPAPL 1303.  The plaintiff opposed the motion.  In an order dated February 1, 2024, the Supreme Court denied the motion.  The defendant appeals, contending that the court erred in denying his motion on the ground of compliance with RPAPL 1303.  We affirm.

RPAPL 1303 requires, in relevant part, that a notice to the mortgagor titled “Help for Homeowners in Foreclosure” be “delivered” with the summons and complaint (id. § 1303[2], [3]).  Noncompliance with the statute mandates dismissal of the complaint (see Onewest Bank, N.A. v. Mahoney, 154 A.D.3d 770, 771, 62 N.Y.S.3d 144;  First Natl. Bank of Chicago v. Silver, 73 A.D.3d 162, 165–166, 899 N.Y.S.2d 256).

Here, the submissions in support of the defendant's motion included a process server's affidavit, which established that the RPAPL 1303 notice was delivered with the summons and complaint (see U.S. Bank N.A. v. Ahmed, 174 A.D.3d 661, 664, 106 N.Y.S.3d 78).  Contrary to the defendant's contention, there is no requirement pursuant to RPAPL 1303 that the plaintiff also send a copy of the notice by mail (see RPAPL 1303[2];  U.S. Bank N.A. v. Ahmed, 174 A.D.3d at 664, 106 N.Y.S.3d 78).

Accordingly, the Supreme Court properly determined that the plaintiff demonstrated its compliance with the notice requirement of RPAPL 1303 and, thus, properly denied the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him.

DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.