The Saving Provisions of CPLR 205(a)
- Mar 5 2021
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …
Category: Mortgage Foreclosure
The New York Court Of Appeals Decides Four Cases, In One Opinion, Addressing And Clarifying Issues Related To The Timeliness Of The Commencement Of Mortgage Foreclosure Actions
- Feb 20 2021
This BLOG has written extensively on issues related to residential mortgage foreclosure actions. Indeed, earlier this month, in “PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT”, this BLOG provided an overview of the …
CONDITIONAL ORDERS OF DISMISSAL PURSUANT TO CPLR 3216
- Dec 30 2020
If a plaintiff fails to prosecute an action dismissal for “want of prosecution” may be obtained pursuant to CPLR 3216, which provides, in pertinent part: (a) Where a party unreasonably …
“TO THE VICTOR BELONGS THE SPOILS” — UNLESS RULE 202.48 OF THE UNIFORM CIVIL RULES FOR THE SUPREME COURT AND THE COUNTY COURT GETS IN YOUR WAY
- Dec 4 2020
According to Wikipedia, New York Senator William L. Marcy coined the phrase “to the victor belong the spoils” when “referring to the victory of Andrew Jackson in the election of …
FIRST DEPARTMENT HOLDS THAT LISTING A MORTGAGE DEBT ON A BANKRUPTCY SCHEDULE IS NOT AN ACKNOWLEDGMENT SUFFICIENT TO RESTART AN OTHERWISE EXPIRED STATUTE OF LIMITATIONS UNDER GOL 17-101 OR 17-105(1)
- Nov 13 2020
This BLOG has previously addressed issues related to Statutes of Limitations. See, among many others, [HERE], [HERE], [HERE], and [HERE]. Earlier this year, this BLOG posted “Revive A Time-Barred Claim …
Dismissals Under 3215(c)
- Nov 6 2020
CPLR 3215(c), which encourages the prompt entry of default judgments, provides: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the …
IN LIGHT OF COVID-19, SUFFOLK COUNTY ANNOUNCES NEW PROCEDURES FOR SCHEDULING FORECLOSURE SALES
- Oct 19 2020
In keeping with this BLOG’s efforts to keep abreast of court practices and procedures promulgated to address COVID-19 concerns, practitioners should be aware of new foreclosure sale scheduling rules. By …
REFORMATION OF CONTRACTS
- Oct 16 2020
In order for the conduct of business to proceed in an orderly fashion, folks need to be confident that, in general, the contracts that they enter into, particularly when “the …
SECOND DEPARTMENT INVOKES ESTOPPEL TO PREVENT A MORTGAGE FORECLOSURE DEFENDANT FROM ARGUING THAT SHE WAS SERVED WITH PROCESS AT AN IMPROPER ADDRESS
- Sep 21 2020
Over the years, this Blog has addressed numerous issues involving mortgage foreclosures in New York. [HERE], [HERE], [HERE], [HERE] [HERE], [HERE], [HERE], [HERE] [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], …
The Ramifications of Failing to Timely Serve Papers can be Severe
- Aug 28 2020
Every now and then a litigant or counsel fails to meet a deadline or otherwise acts in an untimely manner. Sometimes there is a reasonable excuse and sometimes there is …
