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U.S. BANK N.A. v. ATIA

2017-09924. Index No. 54492/16.

178 A.D.3d 747 (2019)

114 N.Y.S.3d 389

2019 NY Slip Op 08727

U.S. Bank National Association, Appellant, v. Calanit Atia, Respondent, et al., Defendants.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Sandelands Eyet LLP, New York, NY ( William C. Sandelands and Kathleen Cavanaugh of counsel), for appellant.

Zisholtz & Zisholtz, LLP, Mineola, NY ( Stuart S. Zisholtz of counsel), for respondent.

Mastro, J.P., Maltese, Connolly and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant Calanit Atia which was for summary judgment dismissing the complaint insofar as asserted against her as time-barred to the extent that the complaint relates to unpaid mortgage installments which accrued on or after April 7, 2010, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed...

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