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U.S. BANK, NATIONAL ASSOCIATION v. KESS

2016-06713 Index No. 600988/15.

159 A.D.3d 767 (2018)

71 N.Y.S.3d 635

2018 NY Slip Op 01498

U.S. BANK, NATIONAL ASSOCIATION, as Trustee for the Holders of SASCO AAMES MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-1, Respondent, v. PHILIP KESS, Individually and on Behalf of the Estate of WINIFRED KESS, Deceased, Appellant, et al., Defendants.

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

Decided March 7, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Philip Kess which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred is granted.

The plaintiff commenced this mortgage foreclosure action on February 2, 2015, against, among others, the defendant Philip Kess, individually and on behalf of the estate of Winifred Kess. Kess moved, inter...

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