March 23, 2018

Filing an RJI in a mortgage foreclosure action.

While 22 NYCRR 202.12-a(b)(1) states that at the time that proof of service of a summons and complaint is filed with the clerk, a plaintiff in a mortgage foreclosure action shall file a specialized RJI applicable to the action, it does not provide that the failure to do so will result in dismissal of the action.

BAC Home Loans Servicing, L.P. v. Jackson, NY Slip Op 01896 (2d Dep't March 21, 2018)

Here is the decision.