Defendant borrower Kirschenbaum made a prima facie showing that this action was untimely. The mortgage was accelerated on August 3, 2009 when plaintiff commenced the first foreclosure action, the statute of limitations expired on August 3, 2015 (see CPLR 213 [4]), and plaintiff did not file this action until August 27, 2015.
In opposition, plaintiff failed to raise a question of fact as to whether the statute of limitations had been tolled (Quinn v McCabe...
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