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MEDINA v. BANK OF N.Y. MELLON TRUST CO., N.A.

2017-10817. Index No. 715002/16.

183 A.D.3d 633 (2020)

121 N.Y.S.3d 670

2020 NY Slip Op 02649

Julio Medina, Jr., Appellant, v. Bank of New York Mellon Trust Company, N.A., Respondent.

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

Decided May 6, 2020.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is denied.

The plaintiff commenced this action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, alleging that the statute of limitations for commencing a foreclosure action had expired. The defendant moved pursuant to CPLR 3211(a)(7) to dismiss the complaint. In an order entered September 28, 2017, the Supreme...

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