In a decision handed down on Wednesday, August 25, 2010, Justice Arthur SCHACK of the Kings County, NY, Supreme Court has dismissed another case with prejudice. The decision in Bank of NY v Mulligan is a follow up to a series of orders Justice SCHACK made two years ago denying plaintiff's requests for an order of reference (the NY court order of foreclosure appointing a "referee" to sell the property and including in his orders specific actions required of the plaintiff to move forward in the case and obtain relief.
The case of Bank of NY v Mulligan involved a mortgage purportedly originated by Decision One Mortgage, serviced by Countrywide and purportedly owned by a mortgage trust with Bank of New York as trustee. MERS was also the "mortgagee" in this case.
In previously denying the plaintiff's requested relief, Justice SCHACK specified that the plaintiff needed to furnish to the court affidavits from plaintiff's witnesses explaining irregularities. The Court also set deadlines for teh plaintiff to follow. The plaintiff seems to have eggregiously flouted the court's orders.
Since Justice SCHACK's decisions are always articulate, witty and entertaining, it is best to simply refer you to the decision, available online at the site of the New York Reporter:
Bank of NY v Mulligan, 2010 NY Slip Op 51509(U), Kings County, NY, Supreme Court, Decided August 25, 2010.