Deutsche Bank Natl. Trust Co. v Clark, 2020 NY Slip Op 06101 [187 AD3d 1142]

October 28, 2020

Appellate Division, Second Department

[*1]

Deutsche Bank National Trust Company, Respondent,

v

Carrie Clark et al., Defendants, and Peter Strugatz, Appellant.

Ronald D. Weiss, P.C., Melville, NY, for appellant.

Shapiro DiCarlo & Barak, LLC, Rochester, NY (Virginia C. Grapensteter of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Peter Strugatz appeals from an order of the Supreme Court, Suffolk County (C. Randall Hinrichs, J.), dated May 3, 2018. The order, insofar as appealed from, denied that defendant’s cross motion to dismiss the complaint insofar as asserted against him for failure to comply with RPAPL 1304.

Ordered that the order is affirmed insofar as appealed from, with costs.

We affirm. The defendant’s “simple denial of receipt [of a RPAPL 1304 notice], without more, is insufficient to establish prima facie entitlement to judgment as a matter of law dismissing the complaint for failure to comply with the requirements of RPAPL 1304” ( Citibank, N.A. v Conti-Scheurer , 172 AD3d 17 , 24 [2019]; see PennyMac Corp. v Khan , 178 AD3d 1064 , 1066 [2019]; LNV Corp. v Sofer , 171 AD3d 1033 , 1038 [2019]). Dillon, J.P., Cohen, Miller and Barros, JJ., concur..