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EMC MORTGAGE CORPORATION v. CIELO SUAREZ

49 A.D.3d 592 (2008)

852 N.Y.S.2d 791

EMC MORTGAGE CORPORATION, Respondent, v. MARIA CIELO SUAREZ et al., Appellants, et al., Defendants.

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

Decided March 11, 2008.

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

Contrary to the appellants' contention, the instant mortgage foreclosure action is not time-barred (see CPLR 213 [4]). While another entity purported to accelerate the appellants' mortgage debt in a prior action commenced on April 8, 1997, the note was never assigned to that entity and it therefore never had authority to accelerate the debt or...

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