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WELLS FARGO BANK, N.A. v. MIN

850295/17. Appeal No. 15370. Case No. 2021-00132.

202 A.D.3d 645 (2022)

159 N.Y.S.3d 855

2022 NY Slip Op 01265

Wells Fargo Bank, N.A., Appellant, v. Yoo Mi Min, Also Known as Yoomi Min, Respondent, et al., Defendants.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce LLC, New York (Charles H. JeanFreau of counsel), for appellant.

Law Firm of Kim Choi & Kim, P.C., Bayside (Dong Sung Kim of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.

Defendant established prima facie that this 2017 foreclosure action was commenced more than six years from the date on which the debt was accelerated (CPLR 213[4]; see Norddeutsche Landesbank Girozentrale v Tilton, 149 A.D.3d 152, 158 [1st Dept 2017]), and plaintiff failed to raise an issue of fact (see MTGLQ Invs., LP v Wozencraft, 172 A.D.3d 644 [1st Dept 2019], lv dismissed 34 N.Y.3d 1010 [2019]).

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