Defendants in a mortgage foreclosure action sought leave to renew a prior motion to dismiss and upon renewal, they sought an order granting their prior motion to dismiss and vacating an Order of Reference and vacating a Judgment of Foreclosure and Sale.

In 2009, the plaintiff lender’s predecessor in interest had commenced an action to foreclose upon a mortgage which encumbered a residential property (2009 Action). The complaint included an “express acceleration of debt provision.”

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