An action to foreclose a mortgage is governed by a six-year statute of limitations, pursuant to CPLR 213[4]. Here, the mortgage debt was accelerated and the statute of limitations began to run when the prior foreclosure action was commenced and the entire amount secured by the mortgage was called due. Pursuant to CPLR 3217(e), the voluntary discontinuance of the prior action did not serve to revive or reset the statute of limitations.
Deutsche Bank Natl. Trust Co. v. Williams, NY Slip Op 03552 (2d Dep't June 11, 2025)
