U.S. BANK TRUST, N.A. v. RUDICK

2016-11116, Index No. 604853/15.

172 A.D.3d 1430 (2019)

102 N.Y.S.3d 66

2019 NY Slip Op 04218

U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, Appellant, v. Samuel Rudick, Respondent, et al., Defendants.

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

Decided May 29, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Samuel Rudick which was pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against him as barred by the applicable statute of limitations is denied.

The plaintiff is the current holder of a note in the amount of $2,470,033 dated September 29, 2006, executed in favor of JP Morgan Chase Bank, N.A. (hereinafter Chase...

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