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U.S. BANK N.A. v. DLJ MTGE. CAPITAL, INC.

Inex No. 650369/13. Appeal No. 16451. Case No. 2022-02848.

209 A.D.3d 553 (2022)

175 N.Y.S.3d 225

2022 NY Slip Op 05819

U.S. Bank National Association, Solely in its Capacity as Trustee of the Home Equity Asset Trust 2007-1 (HEAT 2007-1), Appellant, v. DLJ Mortgage Capital, Inc., Respondent.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York ( David J. Abrams , of counsel) for appellant.

Orrick, Herrington & Sutcliffe LLP, New York ( Richard A. Jacobsen , of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered June 1, 2022, which denied plaintiff's motion pursuant to CPLR 3217(b) to discontinue the claims relating to the 480 loans not specifically identified in pre-suit breach notices without prejudice to refiling those claims in a new action under CPLR 205(a), unanimously affirmed, with costs.

Plaintiff's motion was properly denied because CPLR 205(a) does not apply to actions that were voluntarily discontinued...

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