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Partner Anthony R. Filosa Secures Statute Of Limitations Dismissal Before New York’s Highest Court

Partner Anthony R. Filosa successfully argued before the New York Court of Appeals in Everhome Mtge. Co. v Aber, 39 NY3d 949 [2022], securing a statute of limitations dismissal and the discharge of a mortgage as time-barred. The Court of Appeals held that the statute of limitations on a mortgage foreclosure action began to run when the mortgage assignee commenced a prior action to foreclose mortgage and that the assignee’s supposed failure to serve a pre-suit default notice did not affect the running of the statute of limitations.

The Aber case is the latest installment of Anthony’s appellate advocacy before New York’s highest court, having argued the seminal mortgage foreclosure case Freedom Mtge. Corp. v Engel, 37 NY3d 1 [2021] before the New York Court of Appeals in January 2021.