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U.S. BANK N.A. v. DLJ MTGE. CAPITAL, INC.

13219, 650369/13.

121 A.D.3d 535 (2014)

995 N.Y.S.2d 11

2014 NY Slip Op 07093

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. DLJ MORTGAGE CAPITAL, INC., Appellant.

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

Decided October 21, 2014.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 16, 2014, which, inter alia, denied that portion of defendant's motion to dismiss plaintiff's breach of contractual warranty claims on the grounds that they were time barred, unanimously affirmed, without costs.

If a contractual representation or warranty is false when made, a claim for its breach accrues at the time of the execution of the contract...

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