Adam Leitman Bailey, P.C. was retained by a lender to record a mortgage in the chain of title to a property in Brooklyn, New York, where the original mortgage that was executed by the borrower was not recorded and subsequently lost or misplaced. In an effort to avoid her obligations on the mortgage, the borrower set forth a number of arguments challenging the lender’s standing to have the mortgage recorded, including arguing that the statute of limitations had passed. Adam Leitman Bailey, P.C. prevailed in the lower Court establishing that the action was timely, and, through affidavits and business records, the lender established that it had standing to maintain the action for recording a duplicate copy of the mortgage. The borrower appealed. On appeal, Adam Leitman Bailey, P.C., caught that the borrower failed to include a complete record of the business records the lender submitted in support of its application for summary judgment. Adam Leitman Bailey, P.C.,  included specific reference to the inadequate record in its Respondent’s Brief. The Second Department ruled in favor of Adam Leitman Bailey, P.C., determining that since the borrower failed to produce an adequate record, including the business records as it relates to the issue of standing, the appeal must be dismissed.

Jeffrey R. Metz, Esq., Jackie Halpern Weinstein, Esq., Courney Lerias, Esq., and Danny Ramrattan, Esq. at Adam Leitman Bailey, P.C. secured this result for its client.