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CLAYTON NATIONAL, INC. v. GULDI

307 A.D.2d 982 (2003)

763 N.Y.S.2d 493

CLAYTON NATIONAL, INC., Appellant, v. GEORGE O. GULDI et al., Respondents, et al., Defendants.

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

Decided August 18, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that this action is barred by the six-year statute of limitations applicable to an action to foreclose a mortgage (see CPLR 213 [4]). The filing of the summons and complaint and lis pendens in an action commenced in 1992 accelerated the note and mortgage (see Albertina Realty Co. v Rosbro Realty Corp., 258 N.Y. 472, 476 [1932]; City Sts. Realty...

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