HSBC Bank USA, N.A. v. Shahid

• Decision Date: 09 December 2020
• Docket Number: 2018–11219,Index No. 712174/16
• Parties: HSBC BANK USA, N.A., appellant, v. Abdul SHAHID, respondent, et al., defendants.
• Court: New York Supreme Court — Appellate Division

189 A.D.3d 1008
133 N.Y.S.3d 876 (Mem)

HSBC BANK USA, N.A., appellant,
v.
Abdul SHAHID, respondent, et al., defendants.

2018–11219
Index No. 712174/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—May 29, 2020
December 9, 2020

McCabe, Weisberg & Conway, LLC, Melville, N.Y. (Kenneth Britt of counsel), for appellant.

Peter M. Redmond, Bayside, NY, for respondent.

WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Cheree´ A. Buggs, J.), entered July 20, 2018. The judgment, upon an order of the same court entered June 27, 2017, granting the motion of the defendant Abdul Shahid for summary judgment dismissing the complaint insofar as asserted against him as barred by the statute of limitations and on his counterclaim to cancel and discharge of record the subject mortgage, and upon an order of the same court entered July 20, 2018, inter alia, upon renewal, adhering to the prior determination in the order entered June 27, 2017, in effect, dismissed the complaint and directed the cancellation and discharge of record of the subject mortgage.

ORDERED that the judgment is affirmed, with costs.

133 N.Y.S.3d 877

In 2008, the plaintiff's predecessor commenced an action (hereinafter the 2008 action) against, among others, the defendant Abdul Shahid (hereinafter the defendant) to foreclose the subject mortgage. By order entered July 2, 2013, the 2008 action was dismissed without prejudice for failure to comply with prior court orders. No appeal was taken from the July 2, 2013 order. By order entered March 2, 2016, the plaintiff's motion, in effect, to vacate the July 2, 2013 order and to restore the 2008 action was denied. No appeal was taken from the March 2, 2016 order.

The plaintiff commenced this action on October 12, 2016, against the defendant, among others, to foreclose the subject mortgage. The defendant answered the complaint asserting various affirmative...