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EMC MORTG. CORP. v. SMITH

18 A.D.3d 602 (2005)

796 N.Y.S.2d 364

EMC MORTGAGE CORPORATION, Respondent, v. LINDA MARIE SMITH, Appellant, et al., Defendants.

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

May 16, 2005.

Ordered that the appeal from the order dated November 21, 2003, is dismissed, as that order was superseded by the order dated December 11, 2003; and it is further,

Ordered that the order dated December 11, 2003, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

We agree with the Supreme Court that this action was timely commenced. Contrary to the appellant's contention, the statute...

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