NATIONSTAR MTGE. LLC v. ACCARDO

6163 850262/14.

159 A.D.3d 662 (2018)

70 N.Y.S.3d 846

2018 NY Slip Op 02276

NATIONSTAR MORTGAGE LLC, Respondent, v. AGOSTINO ACCARDO, Appellant, et al., Defendants.

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

Decided March 29, 2018.


This foreclosure action was properly restored to active status pursuant to the terms of the dismissal order. The cases relied on by defendant are inapposite, because they involved failures to comply with discovery obligations, not a failure to timely file a dispositive motion.

Plaintiff established prima facie its standing to enforce the note, on which it is undisputed that defendant defaulted, by attaching the note to the complaint (see Bank of N.Y. Mellon v Knowles...

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