U.S. Bank National Ass'n v. GreenPoint Mortgage Funding, Inc.

Acosta, J.P.

(dissenting in part). While I agree that plaintiff timely commenced this put-back action based on allegations that defendant was aware of or discovered defects in the pool of loans, I respectfully disagree with the majority’s holding that plaintiff’s subsequent claims, based on postcommencement notices to defendant of defective loans, cannot relate back to the timely summons with notice. In my view, because that original pleading gave defendant notice of the transaction or occurrence to be proved — namely, the sale of a pool of loans— the claims later interposed in the complaint…