Federal National Mortgage Association v. Byron — 260 A.D.2d 534

Majority

p. 534

Federal National Mortgage Association, Respondent, v Iris Byron, Appellant, et al., Defendants.

[688 NYS2d 230]

—In an action to foreclose a mortgage, the defendant Iris Byron appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered March 31, 1998, which granted the plaintiffs motion, inter alia, for summary judgment.

Ordered that the order is affirmed, with costs.

In commencing this action, the plaintiff simultaneously served the appellant with a summons and a debt validation notice pursuant to the Federal Fair Debt Collection Practices Act ( 15 USC § 1692 et seq.). We reject the appellant’s contention that the alleged contradictions between the two documents deprived the court of personal jurisdiction. The summons accurately stated the time period within which the appellant was required to answer the complaint pursuant to CPLR 320, and

p. 535

thus, there was no jurisdictional defect (cf., IFC Personal Money Mgrs. v Vadney, 133 Misc 2d 841 ; Long Is. Garage Door Co. v Stafford, 53 Misc 2d 568 ). S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

Cases cited

I.F.C. Personal Money Managers, Inc. v. Vadney 133 Misc 2d 841 N.Y. Sup. Ct. 1986-11-07 p. 535
Long Island Garage Door Co. v. Stafford 53 Misc 2d 568 Nassau Cty. Dist. Ct. 1967-04-19 p. 535