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BENEFICIAL HOMEOWNER SERVICE CORP. v. TOVAR

2015-02811. Index No. 061092/14.

150 A.D.3d 657 (2017)

2017 NY Slip Op 03471

55 N.Y.S.3d 59

BENEFICIAL HOMEOWNER SERVICE CORP., Appellant, v. THERESA A. TOVAR, Also Known as THERESA TOVAR, Respondent, et al., Defendants.

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

Decided May 3, 2017.

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

The plaintiff commenced this mortgage foreclosure action in February 2014. The defendant Theresa A. Tovar, also known as Theresa Tovar (hereinafter the defendant homeowner), moved, inter alia, pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against her on the ground that the six-year statute of limitations had run. In support of the motion, she submitted, inter alia...

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