This case can really could change the landscape of foreclosure's in NY. It arises out of the question of whether a sub-servicer's conculsory statements about the delivery of the note prior to the foreclosure being filed, makes a prima facie showing. The appellate court reversed because of lack of notice to defendant for a hearing confirming the referee's report, but claimed.. "plaintiff established its prima facie entitlement to judgment as a matter of law"... One of the appellant court judges dissents.
"Motion by the appellants for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated February 5, 2014, which reversed a judgment of foreclosure and sale of the Supreme Court, Westchester County, entered May 14, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated February 5, 2014, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713)."
Here is the original appellant court decision.