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.,
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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.https://leagle.com/images/logo.png
Decided February 20, 2018.
Decided February 20, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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