Bankers Trust Co. of California, N.A. v. Lifson

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Berler, J), dated January 9, 2003, which denied its motion for a judgment of foreclosure and sale.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

Contrary to the respondent’s contentions, the Supreme Court erroneously determined that the notice of pendency in a foreclosure action could not be refiled after it expired. The Court of Appeals decision in Matter of…