1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 209 A.D.3d
  5. 209 A.D.3d 553 (2022)
 

U.S. BANK N.A. v. DLJ MTGE. CAPITAL, INC.

Inex No. 650369/13. Appeal No. 16451. Case No. 2022-02848.

209 A.D.3d 553 (2022)

175 N.Y.S.3d 225

2022 NY Slip Op 05819

U.S. Bank National Association, Solely in its Capacity as Trustee of the Home Equity Asset Trust 2007-1 (HEAT 2007-1), Appellant, v. DLJ Mortgage Capital, Inc., Respondent.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York (David J. Abrams, of counsel) for appellant.

Orrick, Herrington & Sutcliffe LLP, New York (Richard A. Jacobsen, of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered June 1, 2022, which denied plaintiff's motion pursuant to CPLR 3217(b) to discontinue the claims relating to the 480 loans not specifically identified in pre-suit breach notices without prejudice to refiling those claims in a new action under CPLR 205(a), unanimously affirmed, with costs.

Plaintiff's motion was properly denied because CPLR 205(a) does not apply to actions that were voluntarily discontinued...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases