Berkman Henoch Obtains Favorable Second department Decision Regarding the Statute of Limitations and CPLR 3215

Megan K. McNamara and Rajdai D. Singh, associates of the Firm’s Foreclosure Department, successfully defended Deutsche Bank National Trust Company, as Certificate trustee on behalf of BOSCO Credit II Trust Series 2010-1 (the “Plaintiff”) in an appeal filed by the defendant in a pending foreclosure action. The appeal stemmed in part from an order which granted Plaintiff’s motion for reargument, and upon reargument, vacated a prior order granting dismissal pursuant to CPLR § 3215(c). Additionally, the defendant further appealed from the part of the order which denied its cross-motion pursuant to CPLR § 3211(a)(5). The Second Department affirmed the Lower Court’s decision and order, holding that Plaintiff set forth a sufficient explanation for its minor delay in moving for entry of default judgment. The Second Department further held that the Lower Court properly denied defendant’s cross-motion on the grounds that defendant failed to demonstrate prima facie, that the action was time-barred, and as a result, the burden did not shift to Plaintiff.

A copy of the Second Department’s Order: Appellate Decision Second Department Decision Regarding CPLR § 3215(c) and CPLR § 3211(a)(5)