CAPITAL ONE, N.A. v. SAGLIMBENI

7978, 35191/15E.

170 A.D.3d 508 (2019)

96 N.Y.S.3d 48

2019 NY Slip Op 01837

Capital One, N.A., Respondent, v. Carmela Saglimbeni, Appellant, et al., Defendants.

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

Decided March 14, 2019.


Defendant contends that this action is time-barred, because the six year statute of limitations was triggered by a prior foreclosure action, in which the lender (plaintiff's assignor) accelerated the mortgage debt, and the instant action was not commenced until after the limitations period expired.

Summary judgment was not precluded by plaintiff's failure to demonstrate that it served defendant with a 30-day notice in compliance with Section 22 of the mortgage, because...

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