Wells Fargo Bank, N.A. v. Eitani
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Maltese, J.
On this appeal, we are asked to answer two questions with *195respect to whether CPLR 205 (a) protects the plaintiff in this mortgage foreclosure action from the preclusive consequence of the statute of limitations.
Under certain conditions, CPLR 205 (a) provides an additional six months in which to recommence a prior action that has been dismissed on grounds other than voluntary discontinuance, lack of personal jurisdiction, neglect to prosecute, or a final judgment on the merits. The first question in this case is whether a prior action to foreclose the same…
2Cases cited31 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Wells Fargo Bank, N.A. v. BurkeAppellate Division of the Supreme Court of the State of New York · 2012
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Goldstein v. New York State Urban Development Corp.New York Court of Appeals · 2009
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3Cited by59 opinions
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- Wells Fargo Bank, NA v. McKenzieAppellate Division of the Supreme Court of the State of New York · 2020
- 53 PL Realty, LLC v. US Bank National Ass'nAppellate Division of the Supreme Court of the State of New York · 2017
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