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WELLS FARGO BANK, N.A. v. TORRES

2019-01842. Index No. 512211/18.

187 A.D.3d 825 (2020)

130 N.Y.S.3d 328

2020 NY Slip Op 05552

Wells Fargo Bank, N.A., Appellant, v. Bryant Torres, Respondent, et al., Defendants.

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

Decided October 7, 2020.

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

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

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