Everhome Mortgage Company v. Nuchem Aber

Summary

In this foreclosure action, the New York Court of Appeals held that the statute of limitations began to run on April 30, 2009, when the mortgage debt was accelerated by the commencement of the first foreclosure action, even though that action was later dismissed without prejudice. The second foreclosure action, filed on June 24, 2015, was time-barred under CPLR 213(4) because it was commenced more than six years after acceleration. The court affirmed dismissal of the complaint and summary judgment on the counterclaim under RPAPL article 15, as the plaintiff failed to raise a factual issue regarding timeliness.

Holdings

1. The statute of limitations began to run on April 30, 2009, when the first foreclosure action was commenced, and the second action commenced on June 24, 2015, was time-barred.

Questions Presented

1. Whether the statute of limitations began to run on April 30, 2009, when the first foreclosure action was commenced, and whether the second action commenced more than six years later was time-barred.

Disposition

affirmed