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MERINO v. WELLS FARGO BANK, N.A.

Index No. 33011/19. Appeal No. 14043. Case No. 2021-00363.

195 A.D.3d 489 (2021)

145 N.Y.S.3d 337

2021 NY Slip Op 03666

Reyes Merino, Appellant, v. Wells Fargo Bank, N.A., Respondent.

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

Decided June 10, 2021.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for appellant.

Reed Smith LLP, New York ( Michael V. Margarella of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ.

This Court's June 11, 2019 dismissal of Wells Fargo's prior, 2013 foreclosure action on RPAPL 1304 grounds triggered the six-month grace period provided by CPLR 205(a) (173 A.D.3d 491 [1st Dept 2019]; see CitiMortgage, Inc. v Moran, 188 A.D.3d 407, 408 [1st Dept 2020]). Wells Fargo's subsequent motion in that action to dismiss an already dismissed case should have been denied, as "termination" of the prior action occurred when any...

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