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FEDERAL NATL. v. TORTORA

1299/19 CA 18-02343.

188 A.D.3d 70 (2020)

131 N.Y.S.3d 763

2020 NY Slip Op 05410

FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), a Corporation Organized and Existing under the Laws of the United States of America, Appellant, v. CLAUDE TORTORA, Also Known as CLAUDE TOTORA and Another, Respondent, et al., Defendants. (Action No. 1.). CLAUDE TORTORA, Individually, and as Executor of the Estate of JACQUELINE SQUITIERI, Deceased, Respondent, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), a Corporation Organized and Existing under the Laws of the United States of America, Appellant. (Action No. 2.) (Appeal No. 1.).

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

Decided October 2, 2020.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York City ( Chava Brandriss of counsel), for plaintiff-appellant and defendant-appellant.

Webster & Dubs, P.C., Buffalo ( Daniel Webster of counsel), for defendant-respondent and plaintiff-respondent.

CENTRA, J.P., CARNI, LINDLEY and WINSLOW, JJ., concur.

OPINION OF THE COURT

The main issue on appeal in these consolidated actions is whether in action No. 1 the applicable statute of limitations has expired, precluding Federal National Mortgage Association, the plaintiff in action No. 1 and the defendant in action No. 2 (Fannie Mae), from foreclosing a mortgage given by decedent...

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