FEDERAL NATIONAL MORTGAGE ASSOCIATION v. BYRON (1999)

Supreme Court, Appellate Division, Second Department, New York.

FEDERAL NATIONAL MORTGAGE ASSOCIATION, respondent, v. Iris BYRON, appellant, et al., defendants.

Decided: April 19, 1999

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN and DANIEL F. LUCIANO, JJ.

Clair & Gjertsen, Scarsdale, N.Y. (Ira S. Clair of counsel), for appellant. Shapiro & DiCaro, L.L.P., Rochester, N.Y. (Robert S. Leni of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Iris Byron appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered March 31, 1998, which granted the plaintiff's motion, inter alia, for summary judgment.

ORDERED that the order is affirmed, with costs.

In commencing this action, the plaintiff simultaneously served the appellant with a summons and a debt validation notice pursuant to the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq. ). We reject the appellant's contention that the alleged contradictions between the two documents deprived the court of personal jurisdiction. The summons accurately stated the time period within which the appellant was required to answer the complaint pursuant to CPLR 320, and thus, there was no jurisdictional defect (cf., I.F.C. Personal Money Mgrs. v. Vadney, 133 Misc.2d 841, 508 N.Y.S.2d 845; Long Is. Garage Door Co. v. Stafford, 53 Misc.2d 568, 279 N.Y.S.2d 73).

MEMORANDUM BY THE COURT.

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