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EVERHOME MTGE. CO. v. ABER

No. 85.

39 N.Y.3d 949 (2022)

198 N.E.3d 1289

178 N.Y.S.3d 8

2022 NY Slip Op 06540

EVERHOME MORTGAGE COMPANY, as Nominee for Bank One, N.A., Appellant, v. NUCHEM ABER et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided November 17, 2022.

Attorney(s) appearing for the Case

McGlinchey Stafford, New York City ( Mikelle V. Bliss and Margaret J. Cascino of counsel), for appellant.

Rosenberg Fortuna & Laitman, LLP, Garden City ( Anthony R. Filosa of counsel), Villanti Law Group PLLC, Brooklyn ( Christopher Villanti of counsel), and Menashe & Lapa LLP, Suffern ( David Lapa of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed, with costs.

In this foreclosure action, defendant Equity Recovery Corporation (Equity) established that the statute of limitations began to run on April 30, 2009, when plaintiff commenced the first action to foreclose the mortgage (see Albertina Realty Co. v Rosbro Realty Corp., 258 N.Y. 472, 476 [1932]; Freedom Mtge. Corp. v Engel, 37 N.Y.3d 1, 22-23...

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