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US BANK N.A. v. AHMED

2018-12676. Index No. 4583/13.

186 A.D.3d 779 (2020)

127 N.Y.S.3d 274

2020 NY Slip Op 04614

US Bank National Association, Appellant, v. Carolyn Ahmed, Respondent, et al., Defendants.

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

Decided August 19, 2020.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court's determination granting the motion of the defendant Carolyn Ahmed (hereinafter the defendant), in effect, pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against her as time-barred. An action to foreclose a mortgage is subject to a six-year statute of limitations (see CPLR 213[4]). Here, the defendant established that the plaintiff...

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