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Everhome Mortgage Company v. Nuchem Aber
Citation: Not availableDocket: 85
Court: New York Court of Appeals; November 16, 2022; New York; State Supreme Court
Original Court Document: View Document
In the foreclosure action Everhome Mortgage Company v. Nuchem Aber et al., the Court of Appeals affirmed the Appellate Division's order, which dismissed the plaintiff's amended complaint as time-barred. The statute of limitations for the foreclosure claim began on April 30, 2009, when the plaintiff filed the initial foreclosure action, which was later dismissed without prejudice due to the plaintiff's non-appearance at a court conference. The plaintiff did not initiate a second foreclosure action until June 24, 2015, exceeding the six-year limitation period for such claims under CPLR 213(4). The Court agreed with the Appellate Division's conclusion that the plaintiff did not demonstrate any factual issues to counter Equity Recovery Corporation's motion for dismissal and summary judgment on its counterclaim. The ruling was unanimous among the acting Chief Judge and the judges. The decision was rendered on November 17, 2022.