Citibank, N.A. v. Cabello

Summary

The Appellate Division, Second Department reversed orders granting Citibank leave to renew and granting relief on its alternative equitable-lien foreclosure claim. The court held that the equitable-lien claim was barred by the six-year statute of limitations because it accrued no later than March 2008 and was not asserted until March 2019. The court reinstated the relevant portions of the October 12, 2022 order and denied Citibank's renewal motion.

Holdings

1. A motion for leave to renew made before entry of a final judgment in the action was timely.
2. Citibank's alternative cause of action to foreclose an equitable lien was barred by the six-year statute of limitations under CPLR 213(4).
3. The court could reach the statute-of-limitations issue for the first time on appeal because it was a question of law appearing on the face of the record and could not have been avoided if raised at the proper juncture.

Questions Presented

1. Whether Citibank's motion for leave to renew was timely when made before entry of a final judgment.
2. Whether the alternative cause of action to foreclose an equitable lien was barred by the statute of limitations.
3. Whether the statute-of-limitations issue could be reached for the first time on appeal.

Disposition

reversed