Wells Fargo Bank, N.A. v. Van Dyke

In Wells Fargo Bank, N.A. v. Van Dyke, 101 AD3d 638 [1 st Dept 2012] the court noted that "there are situations in which the statutory goal is simply not financially feasible for either party" and that "the mere fact that plaintiff refused to consider a reduction in principal or interest rate does not establish that it was not negotiating in good faith. Nothing in CPLR 3408 requires plaintiff to make the exact offer desired by the defendant mortgagors, and the plaintiff's failure to make that offer cannot be interpreted as a lack of good faith" (Wells Fargo Bank, N.A. v. VanDyke, 101 AD3d 638, 958 N.Y.S.2d 331.)