Appellate Division of the Supreme Court of New York, 2017

Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc.

Appellate Division of the Supreme Court of New York · Decided March 16, 2017 · Tom, Acosta, Kapnick, Kahn, Gesmer

2017 NY Slip Op 1979; 148 A.D.3d 529; 48 N.Y.S.3d 597

Cases that cite this one

6 later published cases cite this decision.

R. Kenneth Barnard, as Chapter 7 Trustee of the Es v. Nationstar Mortgage LLC, as Servicing Agent for We (United States Bankruptcy Court, E.D. New York 2019)
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 Ferrato (N.Y. 2021)
Vargas v. Deutsche Bank Natl. Trust Co. (Appellate Division of the Supreme Court of New York 2019)
Milone v. US Bank Natl. Assn. (Appellate Division of the Supreme Court of New York 2018)
Stewart Title Insurance Co. v. Bank of New York Mellon (Appellate Division of the Supreme Court of New York 2017)
Stewart Title Insurance Co. v. Bank of New York Mellon (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Orders, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about July 6, 2016, which granted the motions of defendant Royal Blue Realty Holdings, Inc. for summary judgment dismissing the complaints as time-barred, and denied plaintiff’s cross motions for summary judgment, unanimously affirmed, with costs.

The motion court properly determined that the actions are time-barred since they were commenced more than six years from the date that all of the debt on the mortgages was accelerated (CPLR 213 [4]). The letters from plaintiff’s predecessor-in-interest provided clear and unequivocal notice that it “will” accelerate the loan balance and proceed with a foreclosure sale, unless the borrower cured his defaults within 30 days of the letter. When the borrower did not cure his defaults within 30 days, all sums became immediately due and payable and plaintiff had the right to foreclose on the mortgages pursuant to the letters. At that point, the statute of limitations began to run on the entire mortgage debt (see CDR Créances S.A. v Euro-American Lodging Corp., 43 AD3d 45, 51 [1st Dept 2007]).

Concur — Tom, J.P., Acosta, Kapnick, Kahn and Gesmer, JJ.

[Prior Case History: 2016 NY Slip Op 31259(U).]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.