A while back, we wrote about Judge Shack’s dismissal of a foreclosure case, something Judge Schack likes to do, but in a situation where he also ordered the CEO of HSBC Bank to appear for a hearing on possible sanctions. The Second Department reversed Judge Schack, again.
The appellate court noted that this was not the first time that Judge Schack dismissed a foreclosure action despite no party asking him to. The court reminded the Judge that he was obligated “to remain abreast of and be guided by binding precedent,” namely, a prior appellate decision where he was reversed on the same issues. And because the Judge undertook his own research before dismissing the lawsuit, the appeals court “caution[ed] the Justice that his independent internet investigation of the plaintiff’s standing that included newspaper articles and other materials fall short of what may be judicially noticed” and was done without notice to the bank’s lawyer and “should not be repeated.” The court reversed and directed that the case be assigned to a different judge.