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FAIRBANKS CAPITAL CORP. v. NAGEL

289 A.D.2d 99 (2001)

735 N.Y.S.2d 13

FAIRBANKS CAPITAL CORP., Respondent, v. JON A. NAGEL, Appellant, and BOARD OF MANAGERS OF THE FORTY SUTTON PLACE CONDOMINIUM, Respondent, et al., Defendants.

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

Decided December 13, 2001.

The motion court correctly denied the cross motion by defendant-appellant Nagel to dismiss the complaint on the ground of the Statute of Limitations. This action was commenced in December 1994 by "First National Bank, A Federal Savings Bank [FNB], as servicing agent for Sovran Bank, N.A., a Trustee [the Trustee], Under the Pooling and Servicing Agreement, dated as of 11/1/88 (First Nationwide Trust 1988-2)." During the pendency of this action, the Trustee assigned the mortgage...

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