NATIONSTAR MORTGAGE LLC v. ISLAM

5772N. 452981/15E.

158 A.D.3d 553 (2018)

68 N.Y.S.3d 719

2018 NY Slip Op 01172

NATIONSTAR MORTGAGE LLC, Respondent, v. BADRUL ISLAM et al., Defendants, and NY PRIME HOLDING LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 20, 2018.


Defendant never met its initial burden to show that plaintiff's action is untimely. Plaintiff's predecessor-in-interest accelerated the mortgage and note for the property by commencing a foreclosure action on October 29, 2009, which was subsequently dismissed without prejudice. The applicable six-year limitations period commenced upon filing of the 2009 action (see CDR Créances S.A. v Euro-American Lodging Corp., 43 A.D.3d 45

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