NEW YORK, N.Y. – Success! Lanin Law P.C. has just defeated E*Trade Financial’s motion to dismiss in the New York Supreme Court. Our client filed an action under Section 1501 (4) of the Real Property Actions and Proceedings Law to cancel and discharge a mortgage of record on her home based on the expiration of the Statute of Limitations. The motion was opposed. After oral argument, the Court denied the lender’s motion.
The Supreme Court’s decision can be read here in its entirety: