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BANK OF NEW YORK CENT. REGION v. CAIN

78 A.D.2d 963 (1980)

Bank of New York Central Region, Also Known as Metropolitan National Bank of Syracuse, Appellant, v. Donald A. Cain et al., Defendants, and Merchants National Bank and Trust Company of Syracuse, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 13, 1980

Order unanimously reversed, with costs, complaint reinstated in accordance with memorandum and defendant Merchants National Bank and Trust Company of Syracuse directed to serve its answer within 20 days from entry of the order herein.

Memorandum:

Plaintiff appeals from an order dismissing its complaint as time barred (CPLR 3211, subd [a], par 5). The action was commenced in September, 1978 and sought reformation of a mortgage and foreclosure of the mortgage...

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