Andrew Keshner. New York Law Journal

A residential foreclosure action triggered by a default on a commercial loan is not entitled to a mandatory settlement conference, a Brooklyn appellate court has decided.

“While it is unfortunate that here, a primary residence may be lost in foreclosure, not everyone under every circumstance is entitled to reap the protections afforded to victims of the mortgage crisis by the New York Legislature,” Justice Jeffrey Cohen (See Profile) of the Appellate Division, Second Department, wrote in Independence Bank v. Valentine, 2012-08136.

The unanimous Nov. 27 decision affirmed a lower court’s grant of summary judgment and order of reference. Justices Mark Dillon (See Profile), Daniel Angiolillo (See Profile) and Thomas Dickerson (See Profile) joined Cohen in the ruling, which was submitted for decision on May 28.

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