Opinion
Index No. 715888/21 Seq. 1
09-01-2022
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A Plaintiff v. MARIE CANGE, Defendant.
Unpublished Opinion
Motion Date: 2/1/22.
Present: Honorable Leonard Livote, Supreme Court Justice.
Honorable Leonard Livote, Supreme Court Justice.
The following papers numbered 1 - below read on this motion by Defendant for an Order for an order dismissing this action pursuant to the provisions set forth in CPLR §3211 (a)(3) and (a)(5) due to the lack of capacity and the expiration of the statute of limitations respectively and striking the notice of pendency.
PAPERS NUMBERED
Notice of Motion, Affirmation, Affidavits and Exhibits............................................................................ 1-4
Cross Motion, Affirmation, Affidavits and Exhibits.............................................................................
Answering Affirmations, Affidavits
And Exhibits............................................................................ 5-7
Reply Affirmations, Affidavits And Exhibits............................................................................... 8-10
Other............................................................................
Upon the foregoing papers, the motion
This is a mortgage foreclosure action. Defendant moves to dismiss on the grounds that the statute of limitations has run. However, as an assignee of the federal government plaintiff is entitled to its immunity from state statutes of limitations (Windward Bora, LLC v Wilmington Sav. Fund Socy., FSB, 982 F.3d 139, 142 [2d Cir 2020]).
Defendant also argues that plaintiff is not registered with the secretary of State, and is, therefore, unable to maintain an action pursuant to General Association Law §18. However, defendant has failed to establish that plaintiff is doing business in the state (see JPMorgan Chase Bank, N.A. v Didato, 185 A.D.3d 801, 802 [2d Dept 2020]). Accordingly, the motion is denied.
This constitutes the Order of the Court.