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CHRISTIANA TRUST v. BARUA

2017-12206, Index No. 611910/15.

184 A.D.3d 140 (2020)

125 N.Y.S.3d 420

2020 NY Slip Op 03095

CHRISTIANA TRUST, a Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-18, Respondent, v. HIMON BARUA, Appellant, et al., Defendants.

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

Decided June 3, 2020.

Attorney(s) appearing for the Case

Ehsanul Habib , Forest Hills, for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford ( Jordan J. Manfro of counsel), for respondent.

SCHEINKMAN, P.J., and LEVENTHAL, J., concur with DILLON, J.; MILLER, J., concurs in part and dissents in part, and votes to modify the order, in a separate opinion.

OPINION OF THE COURT

This is an appeal that involves the commencement of a mortgage foreclosure action that accelerated the full balance of the debt, the discontinuance of that action, the later commencement of a second action on the same note, and the statute of limitations. For reasons set forth below, we hold that the second...

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