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WELLS FARGO BANK, N.A. v. LIBURD

10032, 32225/16E.

176 A.D.3d 464 (2019)

107 N.Y.S.3d 858

2019 NY Slip Op 07323

Wells Fargo Bank, N.A., Respondent, v. Shayne Liburd, Also Known as Shayne J. Liburd, et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 10, 2019.

Attorney(s) appearing for the Case

Richland & Falkowski, PLLC, Washingtonville (Daniel H. Richland of counsel), for appellants.

Reed Smith LLP, New York (Joseph B. Teig of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Singh, JJ.

Defendants sustained their initial burden of demonstrating, prima facie, that this action was untimely because more than six years had passed from the date that the debt on the mortgage was accelerated (CPLR 213[4]; see MTGLQ Invs., LP v Wozencraft, 172 A.D.3d 644 [1st Dept 2019]). In opposition, plaintiff failed to raise a question of fact as to whether the action is timely. Plaintiff's argument that it affirmatively revoked its election to accelerate the mortgage...

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