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U.S. BANK NATIONAL ASSOCIATION v. GORDON

2015-10074. Index No. 506363/13.

158 A.D.3d 832 (2018)

72 N.Y.S.3d 156

2018 NY Slip Op 01349

U.S. BANK NATIONAL ASSOCIATION, as Trustee of J.P. MORGAN ACQUISITION CORP. 2006-FRE2, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-FRE2, Appellant, v. MARSHA ROSE GORDON, Also Known as MARSHA ROSE-GORDON, Respondent, et al., Defendants.

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

Decided February 28, 2018.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Marsha Rose Gordon which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against her as time-barred is denied.

In November 2005, the defendant Marsha Rose Gordon borrowed $412,000 and executed a promissory note evidencing her debt in favor of Fremont Investment & Loan. The note was...

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