Ditmid Holdings, LLC v. JPMorgan Chase Bank, Nat'l Ass'n
| Decision Date | 26 February 2020 |
| Docket Number | Index No. 510467/14,2017-02354 |
| Parties | DITMID HOLDINGS, LLC, Respondent, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, etc., Appellant. |
| Court | New York Supreme Court — Appellate Division |
180 A.D.3d 1002
120 N.Y.S.3d 393
DITMID HOLDINGS, LLC, Respondent,
v.
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, etc., Appellant.
2017-02354
Index No. 510467/14
Supreme Court, Appellate Division, Second Department, New York.
Argued - November 7, 2019
February 26, 2020
McCabe, Weisberg & Conway, LLC, New Rochelle, N.Y. (Edward Rugino of counsel), for appellant.
Berg & David, PLLC, Brooklyn, N.Y. (Stefanie Murphy–Boykins and Abraham David of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the defendant appeals from an order of the Supreme Court, Kings County (Genine
D. Edwards, J.), dated January 26, 2017. The order, insofar as appealed from, granted the plaintiff's motion for summary judgment on the complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
On April 28, 2006, nonparty Abderrahim Salaii executed a note and gave a mortgage on certain real property located in Brooklyn in exchange for a loan. The note provided for repayment of the loan in monthly installments, and the mortgage included a provision authorizing the lender to accelerate the full amount due upon the borrower's default in payment and notice by the lender. On January 15, 2008, the mortgage was assigned to nonparty Washington Mutual Bank (hereinafter WAMU), which commenced an action to foreclose the mortgage on or about February 20, 2008 (hereinafter the WAMU foreclosure action). The complaint alleged that Salaii had defaulted in payment and stated that WAMU was electing to call due the entire amount secured by the mortgage.
While the WAMU foreclosure action was pending, the mortgage was assigned to JPMorgan Chase Bank, National Association (hereinafter JPMorgan). JPMorgan commenced a second action to foreclose the mortgage on December 8, 2009 (hereinafter the JPMorgan foreclosure action). In July 2013, Salaii conveyed the subject property to the plaintiff. In an order dated November 21, 2013, the Supreme Court directed dismissal of the complaint in the WAMU foreclosure action as abandoned pursuant to CPLR 3215(c). In an order dated
December 3, 2013, the court directed dismissal of the JPMorgan foreclosure action, without...
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