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BATAVIA TOWNHOUSES v. COUNCIL

314 CA 19-01672.

189 A.D.3d 20 (2020)

133 N.Y.S.3d 133

2020 NY Slip Op 05331

BATAVIA TOWNHOUSES, LTD., et al., Respondents, v. COUNCIL OF CHURCHES HOUSING DEVELOPMENT FUND COMPANY, INC., Appellant.

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

Decided October 2, 2020.

Attorney(s) appearing for the Case

McConville Considine Cooman & Morin, P.C., Rochester ( William E. Brueckner of counsel), for defendant-appellant.

Holland & Knight LLP, Washington, D.C. ( Steven D. Gordon , of the Washington D.C. bar, admitted pro hac vice, of counsel), and Harter Secrest & Emery LLP, Rochester, for plaintiffs-respondents.

CENTRA, J.P., NEMOYER, WINSLOW and BANNISTER, JJ., concur.

OPINION OF THE COURT

In this action seeking, inter alia, a declaration that a mortgage is unenforceable on the ground that the limitations period for enforcement thereof had expired, we must determine, among other things, the applicable provision of the General Obligations Law under which the otherwise expired statute of...

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