Pryce v Nationstar Mtge., LLC

Holding The court reversed the denial of the plaintiff’s motion for leave to renew, finding it timely because no final judgment had been entered. Upon renewal, the court granted summary judgment to cancel the mortgage, holding that the Foreclosure Abuse Prevention Act prevented the prior foreclosure discontinuance from resetting the statute of limitations.

The court’s words

A motion for leave to renew is the appropriate vehicle for seeking relief from a prior order based on a change in the law

2026 NY Slip Op 05331, at the official text

Once a cause of action upon an instrument described in [CPLR 213(4)] has accrued, no party may, in form or effect, unilaterally waive, postpone, cancel, toll, revive, or reset the accrual thereof

2026 NY Slip Op 05331, at the official text

the voluntary discontinuance of such action, whether on motion, order, stipulation or by notice, shall not, in form or effect, waive, postpone, cancel, toll, extend, revive or reset the limitations period

2026 NY Slip Op 05331, at the official text