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U.S. BANK TRUST, N.A. v. BOARD OF MGRS. OF THE DEVON CONDOMINIUM

850076/17. Appeal No. 12192-12192A. Case No. 2019-3768.

187 A.D.3d 656 (2020)

131 N.Y.S.3d 143

2020 NY Slip Op 06076

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Appellant, v. Board of Managers of the Devon Condominium, Respondent, et al., Defendants.

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

Decided October 27, 2020.

The applicable six-year limitations period (see CPLR 213[4]) commenced upon the filing of a 2009 foreclosure action by plaintiff's predecessor-in-interest (see Nationstar Mtge. LLC v Islam, 158 A.D.3d 553 [1st Dept 2018]). The instant action was commenced with the filing of a complaint on March 9, 2017, more than six years later. Contrary to plaintiff's argument, the discontinuance of the 2009 action, which occurred after...

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