The lender’s summary judgment motion was granted in 2011, but the case was “marked off” the calendar In 2017, a judgment of foreclosure and sale was issued in 2017. In 2019, before the lender took steps to enforce the judgment of foreclosure and sale, the borrower moved Thereafter, the lender moved for summary judgment and the borrower cross-moved for summary judgment, In exercising its legislative judgment, the Legislature set forth the process available to noteholders

jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment to nonappearance for conference or at a calendar call, or by failure to timely submit any order or judgment , or upon a final judgment upon the merits, the original plaintiff … may commence a new action upon the 1501(4) . [7] The lender moved to dismiss the counterclaim and the borrowers cross-moved for summary judgment the dismissal of a complaint for the failure to satisfy a condition precedent to suit is not a 'final judgment

payments are payable in installments, the six-year period runs from each missed payment, but, upon acceleration , the statute of limitations begins to run anew on the entire accelerated debt. Acceleration can be accomplished by making a demand for payment of the full amount due under the subject HSBC BANK HSBC commenced a mortgage foreclosure action in 2008, which accelerated the loan (the “First In response to HSBC’s motion for summary judgment in the Second Foreclosure Action, the borrower cross-moved

Most mortgages, however, provide that a mortgagee may accelerate the entire debt in the event of, inter Thus, “the terms of the mortgage may contain an acceleration clause that gives the lender the option Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to The statute of limitations begins to run anew on the entire debt upon acceleration.  The lender cross-moved for summary judgment. 

Thus, “the terms of the mortgage may contain an acceleration clause that gives the lender the option The statute of limitations begins to run anew on the entire debt upon acceleration. A default judgment was issued against the borrower after she failed to appear in the action. The Borrower’s motion for summary judgment was granted by the motion court and the lender appealed. appeal the lender argued that the motion court should have denied the borrower’s motion for summary judgment

Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to In February 2021, the borrower moved for summary judgment and in May 2021, the lender cross-moved for summary judgment dismissing the Complaint. In August 2022 the motion court in the Instant Action denied the borrower’s motion for summary judgment the defendant . . . , for failure to comply with any court scheduling orders . . . , or upon a final judgment

Dec. 31, 2018) ( here ), the court addressed a laches defense on a motion for summary judgment, finding determine the relative equities” which is “often not amenable to resolution on a motion for summary judgment The Estate moved for summary judgment to dismiss the claims against it. this reason, resolution of the defense is “often not amenable to resolution on a motion for summary judgment

The lender clearly accelerated the debt in the complaint.  An order of reference was obtained in September of 2015 and a judgment of foreclosure and sale was issued In April of 2017, the judgment of foreclosure and sale was vacated, and the action dismissed, because Because some lenders were employing a tactic of acceleration/deacceleration/reacceleration to extend was “designed, in part, to rewrite unintended judicial interpretations, and to reaffirm legislative judgment

Plaintiff moved for summary judgment on the complaint, and defendants cross-moved for summary judgment Once a debt is validly accelerated in accordance with the terms of the contract, the entire amount is To accelerate a loan payable in installments, “ borrower … must be provided with notice of the lender ’s decision to exercise an option to accelerate the maturity of a loan, and such notice must be clear payment of the entire outstanding loan and not refer to acceleration only as a future event.”

Cassano moved for summary judgment dismissing, inter alia , the fraud cause of action against him. The motion court denied the portion of Cassano’s motion for summary judgment dismissing the fraud cause

Slip Op. 33123(U) ( here ), dismissing claims, on summary judgment, for misappropriation of trade secrets Verizon moved, pursuant to CPLR 3212, for summary judgment on the remaining three claims alleged against

Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to was reinstated, the predecessor assigned the mortgage to the plaintiff lender, who moved for summary judgment to be applied retroactively and, pursuant to CPLR 3212(b) , searched the record and granted summary judgment rewrite an unintended judicial interpretation; and whether the enactment itself reaffirms a legislative judgment operate to extend the statute of limitations and, therefore, the motion court properly granted summary judgment