CHAN v. ONYX CAPITAL, LLC

1240 CA 17-00828.

156 A.D.3d 1361 (2017)

67 N.Y.S.3d 748

2017 NY Slip Op 08966

CYNTHIA L. CHAN, Respondent, v. ONYX CAPITAL, LLC, Defendant, and SRP 2012-4, as Successor in Interest to Defendant ONYX CAPITAL, LLC, Appellant.

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

Decided December 22, 2017.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted, the order dated September 23, 2013 is vacated, and the complaint is dismissed in accordance with the following memorandum: Plaintiff commenced this action pursuant to RPAPL 1501 (4) seeking to discharge a mortgage on her property on the ground that the applicable six-year statute of limitations for a foreclosure action had passed. Defendant...

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