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DEUTSCHE BANK NATL. TRUST CO. v. BOARD OF MGRS. OF THE E. 86TH ST. CONDOMINIUM

6922, 850101/16, 225.

162 A.D.3d 547 (2018)

75 N.Y.S.3d 424

2018 NY Slip Op 04638

Deutsche Bank National Trust Company, Respondent, v. Board of Managers of the East 86th Street Condominium, Appellant, et al., Defendants.

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

Decided June 21, 2018.

The court in the first foreclosure action found that plaintiff lacked standing to commence the 2008 action. In light of its lack of standing, plaintiff's purported acceleration of the note was a nullity, and thus the statute of limitations did not begin to run and the current action was not time-barred (see EMC Mtge. Corp. v Suarez, 49 A.D.3d 592, 593 [2d Dept 2008]).

Furthermore, the motion court providently exercised its...

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