Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc.

Appellate Division of the Supreme Court of New York

Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc.

2017 NY Slip Op 1979, 148 A.D.3d 529, 48 N.Y.S.3d 597

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 16, 2017

Docket850179/15 -850119/15 3431 850120/15 3430 3429

StatusPublished

Cited by6 cases

This text of 2017 NY Slip Op 1979 (Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc., 2017 NY Slip Op 1979, 148 A.D.3d 529, 48 N.Y.S.3d 597 (N.Y. Ct. App. 2017).

Pincite

Opinion

Orders, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about July 6, 2016, which granted the motions of defendant Royal Blue Realty Holdings, Inc. for summary judgment dismissing the complaints as time-barred, and denied plaintiff’s cross motions for summary judgment, unanimously affirmed, with costs.

The motion court properly determined that the actions are time-barred since they were commenced more than six years from the date that all of the debt on the mortgages was accelerated (CPLR 213 [4]). The letters from plaintiff’s predecessor-in-interest provided clear and unequivocal notice that it “will” accelerate the loan balance and proceed with a foreclosure sale, unless the borrower cured his defaults within 30 days of the letter. When the borrower did not cure his defaults within 30 days, all sums became immediately due and payable and plaintiff had the right to foreclose on the mortgages pursuant to the letters. At that point, the statute of limitations began to run on the entire mortgage debt (see CDR Créances S.A. v Euro-American Lodging Corp., 43 AD3d 45, 51 [1st Dept 2007]).

Concur — Tom, J.P., Acosta, Kapnick, Kahn and Gesmer, JJ.

[Prior Case History: 2016 NY Slip Op 31259(U).]

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Orders, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about July 6, 2016, which granted the motions of defendant Royal Blue Realty Holdings, Inc. for summary judgment dismissing the complaints as time-barred, and denied plaintiff’s cross motions for summary judgment, unanimously affirmed, with costs.

The motion court properly determined that the actions are time-barred since they were commenced more than six years from the date that all of the debt on the mortgages was accelerated (CPLR 213 [4]). The letters from plaintiff’s predecessor-in-interest provided clear and unequivocal notice that it “will” accelerate the loan balance and proceed with a foreclosure sale, unless the borrower cured his defaults within 30 days of the letter. When the borrower did not cure his defaults within 30 days, all sums became immediately due and payable and plaintiff had the right to foreclose on the mortgages pursuant to the letters. At that point, the statute of limitations began to run on the entire mortgage debt (see CDR Créances S.A. v Euro-American Lodging Corp., 43 AD3d 45, 51 [1st Dept 2007]).

Concur — Tom, J.P., Acosta, Kapnick, Kahn and Gesmer, JJ.

[Prior Case History: 2016 NY Slip Op 31259(U).]

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Bluebook (online)

2017 NY Slip Op 1979, 148 A.D.3d 529, 48 N.Y.S.3d 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-co-v-royal-blue-realty-holdings-inc-nyappdiv-2017.

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