BANK OF N.Y. MELLON v. BISSESSAR

2016-12760, Index No. 706482/16.

172 A.D.3d 983 (2019)

100 N.Y.S.3d 341

2019 NY Slip Op 03755

Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificate Holders of CWABS, Inc., Asset Backed Certificates, Series 2007-8, Appellant, v. Taramattie Bissessar, Respondent, et al., Defendants.

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

Decided May 15, 2019.


Ordered that the order is affirmed, with costs.

In June 2016, the plaintiff commenced this action against the defendant Taramattie Bissessar (hereinafter the defendant), among others, to foreclose a mortgage on property located in Ozone Park. The defendant moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against her on the ground that the action was barred by the applicable statute of limitations. The Supreme Court granted the motion...

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