NORA ARTHUR, plf-ap, v. CARVER FEDERAL SAVINGS BANK def-res, 1809-15 7TH AVENUE HOUSING DEVELOPMENT FUND CORPORATION def

3945. NORA ARTHUR, plf-ap, v. CARVER FEDERAL SAVINGS BANK def-res, 1809-15 7TH AVENUE HOUSING DEVELOPMENT FUND CORPORATION def — MFY Legal Services, Inc, New York (Ali Aghazadeh Naini of counsel), for ap — Hinshaw & Culbertson LLP, New York (Alan F. Kaufman of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about August 16, 2016, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Carver Federal Savings Bank, Waterfall Victoria Master Fund Ltd., Waterfall Victoria REO 2013-01 LLC and Statebridge Company LLC to dismiss the complaint as against them, unanimously modified, on the law, the motion denied as to plaintiff's 12th, 13th and 15th causes of action, and otherwise affirmed, without costs.

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3945. NORA ARTHUR, plf-ap, v. CARVER FEDERAL SAVINGS BANK def-res, 1809-15 7TH AVENUE HOUSING DEVELOPMENT FUND CORPORATION def — MFY Legal Services, Inc, New York (Ali Aghazadeh Naini of counsel), for ap — Hinshaw & Culbertson LLP, New York (Alan F. Kaufman of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about August 16, 2016, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Carver Federal Savings Bank, Waterfall Victoria Master Fund Ltd., Waterfall Victoria REO 2013-01 LLC and Statebridge Company LLC to dismiss the complaint as against them, unanimously modified, on the law, the motion denied as to plaintiff’s 12th, 13th and 15th causes of action, and otherwise affirmed, without costs.

The court improperly dismissed plaintiff’s 12th cause of action because defendants’ proof was insufficient to establish that they sent a notice to plaintiff 90 days prior to the sale of her cooperative shares held as collateral (see UCC 9-611[f][1]).

NORA ARTHUR, plf-ap, v. CARVER FEDERAL SAVINGS BANK def-res, 1809-15 7TH AVENUE HOUSING DEVELOPMENT FUND CORPORATION def

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