US BANK NATIONAL ASSOCIATION v. LEVY

2018-08894. Index No. 612762/17.

183 A.D.3d 924 (2020)

122 N.Y.S.3d 917

2020 NY Slip Op 03044

US Bank National Association, Respondent, v. Bina Levy et al., Appellants, et al., Defendants.

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

Decided May 27, 2020.


Ordered that the order is affirmed, with costs.

While the defendants Bina Levy and Isaac Levy (hereinafter together the defendants) sustained their initial burden of demonstrating, prima facie, that the time within which to commence the action had expired (see Deutsche Bank Natl. Trust Co. v Gambino, 153 A.D.3d 1232, 1234 [2017]; see also Albertina Realty Co. v Rosbro Realty Corp., 258 N.Y. 472, 476 [1932]), the plaintiff...

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