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U.S. BANK, N.A. v. DeGROAT

2019-00444. Index No. 30798/17.

186 A.D.3d 1454 (2020)

128 N.Y.S.3d 866

2020 NY Slip Op 04992

U.S. Bank, National Association, Appellant, v. Stephen F. DeGroat et al., Defendants, and Rocco Iodice, Respondent.

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

Decided September 16, 2020.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendant Rocco Iodice for summary judgment dismissing the complaint insofar as asserted against him is denied.

An action to foreclose a mortgage is subject to a six-year statute of limitations (see CPLR 213[4]). "[E]ven if a mortgage is payable in installments, once a mortgage debt is accelerated, the...

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