VENTURES TRUST 2013-I-H-R v. CHITBAHAL

2017-10556. Index No. 712756/15.

167 A.D.3d 682 (2018)

90 N.Y.S.3d 45

2018 NY Slip Op 08346

Ventures Trust 2013-I-H-R, by MCM Capital Partners, LLC, its Trustee, Respondent, v. Uma Chitbahal et al., Defendants, and Jorge Soto et al., Appellants.

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

Decided December 5, 2018.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion, inter alia, for summary judgment on the complaint and for an order of reference is denied, and the cross motion of the defendants Jorge Soto and Carolina Soto pursuant to CPLR 3212 and 213 (4) to dismiss the complaint insofar as asserted against them as barred by the statute of limitations is granted.

The plaintiff seeks to foreclose a mortgage on the subject premises, which is located...

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