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U.S. BANK TRUST, N.A. v. RUDICK

2015-07673. Index No. 604853/15.

156 A.D.3d 841 (2017)

67 N.Y.S.3d 646

2017 NY Slip Op 08874

U.S. BANK TRUST, N.A., as Trustee for LSF8 MASTER PARTICIPATION TRUST, Respondent, v. SAMUEL RUDICK, Appellant, et al., Defendant.

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

Decided December 20, 2017.

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

The plaintiff commenced this action to foreclose several mortgages. The defendant Samuel Rudick (hereinafter the defendant) moved pursuant to CPLR 3211 (a) (1) and (5) to dismiss the complaint insofar as asserted against him. With respect to that branch of the motion which was to dismiss pursuant to CPLR 3211 (a) (5), the defendant argued that the statute of limitations had expired due to the...

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