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WELLS FARGO v. EITANI

2014-09426.

148 A.D.3d 193 (2017)

2017 NY Slip Op 01015

47 N.Y.S.3d 80

WELLS FARGO BANK, N.A., as Trustee, in Trust for the Registered Holders of Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-WCW1, Respondent, v. DORON EITANI et al., Defendants, and DAVID COHAN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 8, 2017.

Attorney(s) appearing for the Case

Warner & Scheuerman, New York City ( Jonathon D. Warner and Karl E. Scheuerman of counsel), for appellant.

McGlinchey Stafford, PLLC, New York City ( Edward E. Groves of counsel), for respondent.

ENG, P.J., and CHAMBERS, J., concur with MALTESE, J.; LEVENTHAL and DUFFY, JJ., dissent in a separate opinion by LEVENTHAL, J.

OPINION OF THE COURT

On this appeal, we are asked to answer two questions with respect to whether CPLR 205 (a) protects the plaintiff in this mortgage foreclosure action from the preclusive consequence of the statute of limitations.

Under certain conditions, CPLR 205 (a)...

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