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U.S. BANK N.A. v. GARCIA

10762N. 32811/16E.

183 A.D.3d 506 (2020)

2020 NY Slip Op 02988

U.S. Bank National Association, Respondent, v. Juerio Garcia, Also Known as Jeuris Garcia, Appellant, et al., Defendants.

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

Decided May 21, 2020.

In seeking dismissal, defendant made a prima facie showing that a prior foreclosure action, commenced by nonparty Coastal Capital Corp. (Coastal) in 2006, accelerated the entire loan as of that date. The acceleration was a term of the pleading (U.S. Bank N.A. v Gordon, 158 A.D.3d 832, 835 [2d Dept 2018]). Since the six-year limitations period applicable to a mortgage foreclosure action would have begun to run against the entire outstanding...

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