U.S. BANK NATIONAL ASSOCIATION v. JOSEPH

2016-00233 Index No. 600378/15.

159 A.D.3d 968 (2018)

73 N.Y.S.3d 238

2018 NY Slip Op 02155

U.S. BANK NATIONAL ASSOCIATION, as Trustee for the STRUCTURED ASSET INVESTMENT LOAN TRUST, 2005-HE3 CARE OF AMERICA'S SERVICING COMPANY, Respondent, v. BARBARA JOSEPH, Also Known as BARBARA CALDWELL, et al., Appellants, et al., Defendants.

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

Decided March 28, 2018.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Barbara Joseph and Christopher Joseph pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against them as time-barred is granted.

In May 2005, Hilton Joseph and Barbara Joseph (hereinafter together the Josephs) borrowed money from BNC Mortgage Corporation, evidenced by a note. To secure payment on the note, the Josephs executed a mortgage on residential...

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