Justices disagree on one-refiling rule

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 6, 2022 11:11 AM

Bank of New York Mellon voluntarily dismissed its first three mortgage foreclosure complaints against Jamie Dubrovay. The first lawsuit alleged BONY had accelerated the loan. A DuPage County judge tossed the fourth complaint based on the one-refiling rule. But with one justice dissenting, the Illinois Appellate Court reversed. The majority — citing two out-of-state cases for the proposition that the voluntary dismissals “decelerated” the loan — rejected the 1st District’s decision in Deutsche Bank v. Sigler, 2020 IL App …

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