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FISCHER v. SADOV REALTY CORPORATION

34 A.D.3d 630 (2006)

824 N.Y.S.2d 434

GITEL FISCHER, Respondent, v. SADOV REALTY CORPORATION et al., Defendants, and INDEPENDENCE COMMUNITY BANK, Appellant.

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

Decided November 21, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the statute of limitations contained in Business Corporation Law § 909 (c) does not apply to the plaintiff's third cause of action to cancel certain mortgages. That statute applies to actions to set aside a deed, lease, or other instrument of conveyance; a mortgage is not such a conveyance (see Rols Capital Co. v Panvaspan Realties, 157 Misc.2d...

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