U.S. BANK NATIONAL ASSOCIATION v. CHARLES

9550, 35131/14E.

173 A.D.3d 564 (2019)

2019 NY Slip Op 04997

U.S. Bank National Association, Appellant, v. Pierre Charles, Respondent, et al., Defendants.

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

Decided June 20, 2019.


Charles contends that this mortgage foreclosure action is time-barred, because the six year statute of limitations was triggered by a prior foreclosure action, in which plaintiff accelerated the mortgage debt. Plaintiff counters that, because it had failed to comply with a contractual 30-day notice requirement in accordance with section 22 of the mortgage, the mortgage was not accelerated by the prior action.

In the prior order, Supreme Court granted plaintiff's motion...

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