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U.S. BANK NATIONAL ASSOCIATION v. CHAIT

10474N. 850037/15. 2007.

178 A.D.3d 448 (2019)

111 N.Y.S.3d 180

2019 NY Slip Op 08639

U.S. Bank National Association, as Trustee for CMALT REMIC, A4 PRAA-REMIC Pass-Through Certificates, Series 2007 A4, Respondent, v. Mindy N. CHAIT, Also Known as Mindy Chait, Appellant, et al., Defendants.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Richland & Falkowski, PLLC, Astoria (Michal Falkowski of counsel), for appellant.

Akerman LLP, New York (Jordan M. Smith of counsel), for respondent.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

The court properly determined that while the foreclosure action commenced in 2012 by plaintiff's predecessor-in-interest was not formally discontinued when it was marked off the calendar and "disposed" of in 2013, the record supports a finding that the prior action was inactive and effectively abandoned and therefor not pending (see Bank of N.Y. Mellon v Adam P10tch LLC, 162 A.D.3d 502 [1st Dept 2018]). When a foreclosure action...

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