FEDERAL NATIONAL MORTGAGE ASSOCIATION v. ROSENBERG

10682N.

180 A.D.3d 401 (2020)

119 N.Y.S.3d 441

2020 NY Slip Op 00814

Federal National Mortgage Association ("Fannie Mae"), Respondent, v. Jacob Rosenberg, Appellant, et al., Defendants.

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

Decided February 4, 2020.


In April 2010, plaintiff's predecessor (OneWest) commenced a mortgage foreclosure action, which accelerated the mortgage debt on defendant's property. In April 2015, OneWest moved to voluntarily discontinue that action, the motion was granted and the action was discontinued without prejudice.

Plaintiff commenced the instant action in May 2016. Defendant moved to dismiss the complaint claiming that the action was time-barred. The motion court also scheduled a conference...

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