Bank of New York Mellon v. Dubrovay, 2021 IL App (2d) 190540 (November 17, 2021) Du Page Co. (McLAREN) Reversed and remanded.
Court granted Defendant’s motion to dismiss Plaintiff’s 4th foreclosure complaint for violating the single refiling rule of section 13-217 of Code of Civil Procedure. Because Plaintiff’s accelerations occurred by the filing of foreclosure actions, Plaintiff’s voluntary dismissals of those actions constituted affirmative acts of revocation of those accelerations. Thus, upon revocation the parties returned to their pre-acceleration rights and obligations. Defendants were obligated to make monthly installments, and thus their new payment default gave rise to a separate action. This alleged new default was not part of the core of operative facts of the prior alleged default. As this action and the prior actions were predicated on different operative facts, the single refiling rule did not bar Plaintiff’s 2017 foreclosure complaint. (ZENOFF, concurring; HUTCHINSON, dissenting.)