Bank of New York Mellon v. Slavin

I respectfully dissent. In my view, plaintiff had six months from January 2013—when Supreme Court (McDonough, J.) dismissed plaintiff’s first action based upon its failure to appear at a mandatory conference—to recommence this action. Because plaintiff did not recommence this action until August 2015, the action is untimely. Accordingly, Supreme Court (Zwack, J.) properly denied plaintiff’s motion for summary judgment and granted the cross motion for summary judgment by defendant Erin Slavin (hereinafter defendant).

In October 2006, plaintiff commenced a mortgage foreclosure action…