In 1999, Shameeka Spearman took out a mortgage with HomeSide Lending.
In 2003, HomeSide assigned the mortgage to Aurora Loan Services and when the latter tried to foreclose the loan, the Kings County Supreme Court was asked to dismiss the case on the grounds that another foreclosure had been commenced by HomeSide in 2000 (and was still pending).
After that request was denied, an appealed followed.
Since a New York State law -- Real Property Actions and Proceedings Law ยง1301(1) -- prohibits the filing of a second case unless court permission is first secured, and Aurora didn't follow that procedure, the Appellate Division, Second Department, thought the 2003 case couldn't continue.
Ye have not, because ye ask not.
To view a copy of the Appellate Division's decision, please use this link: Aurora Loan Services LLC v. Spearman