New York Commission: Magnitude Of Impropriety Stands Against Preliminary Injunction For Rice - Horse Racing News paulickreport.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from paulickreport.com Daily Mail and Mail on Sunday newspapers.
In
CitiMortgage, Inc. v. Ramirez, 2020 WL 7647749, at 3 (3d Dept. Dec. 24, 2020), the Appellate Division, Third Department, held that CitiMortgage, Inc.’s action to recover under a note (i) was not precluded because of CitiMortgage, Inc.’s right to an election of remedies; and (ii) was timely because the statute of limitations was tolled during the pendency of the prior foreclosure action.
Summary of Facts & Background
In May 2010, plaintiff, CitiMortgage, Inc. (“Plaintiff”), commenced an action to foreclose against borrower, Jose Ramirez (“Borrower”) (the “First Foreclosure Action”). The foreclosure action was dismissed in October 2013 for failure to prosecute. Plaintiff moved to vacate the dismissal, which was denied in April 2015. In 2017, plaintiff commenced a second foreclosure action (the “Second Foreclosure Action”), which was ultimately dismissed on the grounds that the statute of limitations to foreclose had expired in May 2016. The Court also discha