Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Downey Sav. & Loan Assn., F.A. v. Aribisala
Citations: 2017 NY Slip Op 1183; 147 A.D.3d 911; 47 N.Y.S.3d 413Docket: 2015-11463
Court: Appellate Division of the Supreme Court of the State of New York; February 14, 2017; New York; State Appellate Court
Original Court Document: View Document
In Downey Sav. Loan Assn. F.A. v. Aribisala, the Appellate Division, Second Department, reversed a May 28, 2015 order from the Supreme Court, Kings County, which had denied the plaintiff's motion to vacate a prior order from July 23, 2013, that conditionally dismissed the foreclosure action due to lack of prosecution under CPLR 3216. The plaintiff, Downey Savings and Loan Association, initiated the foreclosure after the defendants failed to respond, and an order of reference was granted in September 2009. The court's July 2013 dismissal was made without prior notice to the plaintiff's counsel, who claimed they were unaware of any dismissal conference. The appellate court found that the Supreme Court lacked authority to dismiss the action under CPLR 3216 since at least one precondition for dismissal was not met, as no issues had been joined. Consequently, the court granted the plaintiff's motion to vacate the 2013 dismissal and remitted the case for a merits determination regarding the plaintiff's request for a judgment of foreclosure and sale. All justices concurred in the decision, emphasizing the necessity of adhering to procedural requirements for dismissals.