Appellate Division Confirms Rivkin’s Significant Victory

David Grill and Evan Schieber defeated an application seeking leave to reargue the Appellate Division’s affirmance of a lower Court Order, or in the alternative, leave to appeal to the Court of Appeals for review of the Second Department decision confirming the discharge of a mortgage encumbering our client’s residence.

The Second Department had determined that the lender’s ability to foreclose the lender’s mortgage was time-barred since the lender did not commence a foreclosure within six years after it accelerated the loan.  The Second Department further confirmed that lender did not demonstrate, with sufficient proof, that it reset the statute of limitations by decelerating the loan.