Narrative Opinion Summary
In WM Specialty Mortgage, LLC v. Palazzollo, the Appellate Division of the Supreme Court of New York affirmed a lower court's order that granted WM Specialty Mortgage's motion to restore a mortgage foreclosure action to active status. The defendant, Stacy Palazzollo, appealed the decision made by Justice Adams on October 13, 2015. The court clarified that there was no evidence indicating the action had been dismissed under CPLR 3215(c), nor any grounds for such a dismissal. The court also stated that CPLR 3404 was inapplicable to the case, as it was a pre-note of issue action, and noted that no 90-day notice was required under CPLR 3216, nor was there a dismissal order under 22 NYCRR 202.27. The decision confirms the validity of restoring the action to active status despite the appellant's objections. The ruling was unanimous, with all justices concurring.
Legal Issues Addressed
90-Day Notice Under CPLR 3216subscribe to see similar legal issues
Application: The court noted that no 90-day notice was required, further supporting the continuation of the foreclosure action.
Reasoning: The court noted that no 90-day notice was required under CPLR 3216.
Dismissal Order Under 22 NYCRR 202.27subscribe to see similar legal issues
Application: The absence of a dismissal order under 22 NYCRR 202.27 was a factor in the decision to maintain the action's active status.
Reasoning: Nor was there a dismissal order under 22 NYCRR 202.27.
Dismissal under CPLR 3215(c)subscribe to see similar legal issues
Application: The court found no indication that the action had been dismissed under CPLR 3215(c), thereby supporting the restoration of the case to active status.
Reasoning: The court clarified that there was no evidence indicating the action had been dismissed under CPLR 3215(c), nor any grounds for such a dismissal.
Inapplicability of CPLR 3404subscribe to see similar legal issues
Application: The court determined that CPLR 3404 was not applicable as the case was a pre-note of issue action, negating any automatic dismissal presumption.
Reasoning: The court also stated that CPLR 3404 was inapplicable to the case, as it was a pre-note of issue action.
Restoration of Mortgage Foreclosure Actionsubscribe to see similar legal issues
Application: The court affirmed the lower court's decision to restore a mortgage foreclosure action to active status, as there was no evidence of dismissal under applicable procedural rules.
Reasoning: The Appellate Division of the Supreme Court of New York affirmed a lower court's order that granted WM Specialty Mortgage's motion to restore a mortgage foreclosure action to active status.