A plaintiff sought to foreclose a mortgage.  The mortgagor allegedly defaulted in paying the loan in December 2007.  A bank commenced an action to foreclose the mortgage on July 25, 2008.  In that action, the plaintiff asserted that it had “elected to declare the entire principal balance due and owing.”

On May 4, 2011, the parties stipulated to discontinue the action pursuant to CPLR §3217.  The stipulation provided, inter alia, that the “statute of limitations (SOL) for any claims of plaintiff or defendant against the other is hereby tolled from July 22, 2008, the date of the summons hearing, until June 1, 2013, whether or not they have been previously pled.”