As there has been no final determination of a pending motion to vacate a June 2018 order dismissing a prior foreclosure action, it is premature to consider whether defendant, as successor-in-interest to the prior mortgagee, may commence a new foreclosure action under the savings clause of CPLR 205(a) in the event the motion to vacate is denied (see Ambac Assur. Corp. v Countrywide Home Loans Inc., 179 A.D.3d 518, 520 [1st Dept 2020]; Ali v Effron,
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1812 LACOMBE AVE, LLC v. NEWREZ LLC
Index No. 804120/21E. Appeal No. 16262. Case No. 2022-00367.
208 A.D.3d 1083 (2022)
174 N.Y.S.3d 264
2022 NY Slip Op 05261
1812 Lacombe Ave, LLC, Respondent, v. NewRez LLC, Doing Business as Shellpoint Mortgage Servicing, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 27, 2022.
Decided September 27, 2022.
Attorney(s) appearing for the Case
Akerman LLP, New York ( Jordan M. Smith of counsel), for appellant.
Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for respondent.
Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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