Legal Opinion
Deutsche Bank National Trust Co. Americas v. Bernal
New York Supreme Court
Decided May 5, 2017PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Alan D. Scheinkman, J.
In this residential foreclosure action, defendant moves for an order dismissing the complaint and for legal fees; plaintiff cross-moves to strike the answer and counterclaims of defendant, or in the alternative to compel discovery.
The critical facts may be succinctly stated. Plaintiff’s predecessor-in-interest brought a foreclosure action against defendant in 2009 and, in doing so, elected to accelerate all sums due on the underlying debt. The prior action was dismissed for failure to prosecute in March 2015. One month later, the attorney for the…
2Cases cited11 opinions
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
- EMC Mortgage Corp. v. PatellaAppellate Division of the Supreme Court of the State of New York · 2001
- Wells Fargo Bank, N.A. v. BurkeAppellate Division of the Supreme Court of the State of New York · 2012
- Kashipour v. Wilmington Sav. Fund Socy., FSBAppellate Division of the Supreme Court of the State of New York · 2016
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Trust v. BaruaAppellate Division of the Supreme Court of the State of New York · 2020
- Miller Designs v. US BankCourt of Appeals of Arizona · 2018
- Bank of New York v. PetersonColorado Court of Appeals · 2018
- Freedom Mortgage Corporation v. Herschel Engel , Ditech Financial v. Santhana Kumar Nataraja Naidu, Juan Vargas v. Deutsche Bank National Trust Company, Wells Fargo Bank, N.A., v.Donna FerratoNew York Court of Appeals · 2021
- Milone v. US Bank Natl. Assn.Appellate Division of the Supreme Court of the State of New York · 2018