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ESTABA v. ESTABA

15523, 250731/11

129 A.D.3d 601 (2015)

12 N.Y.S.3d 50

2015 NY Slip Op 05425

GLADYS ESTABA et al., Respondent, v. PETER ESTABA et al., Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant.

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

Decided June 23, 2015.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered December 1, 2014, which denied the motion of defendant Mortgage Electronic Registration Systems, Inc. (MERS) for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly determined that the action is not time-barred. A claim against a forged deed is not subject to a statute of limitations defense (see Faison v Lewis, 25 N.Y.3d 220<...

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