VARGAS v. DEUTSCHE BANK NATL. TRUST CO.

8276. 302647/16.

168 A.D.3d 630 (2019)

93 N.Y.S.3d 32

2019 NY Slip Op 00681

Juan Vargas, Respondent, v. Deutsche Bank National Trust Company, Appellant.

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

Decided January 31, 2019.


The motion court correctly determined that defendant was time-barred from commencing a foreclosure action against plaintiff's mortgaged property because more than six years had passed from the date that the debt on the mortgage was accelerated (CPLR 213 [4]). The 2008 letter from defendant's predecessor-in-interest informed plaintiff that his debt "will [be] accelerate [d]" and "foreclosure proceedings will be initiated" if he failed to cure his default within 32 days of...

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