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U.S. BANK TRUST, N.A. v. FRANKFURTER

2019-02709. Index No. 512488/18.

187 A.D.3d 1241 (2020)

131 N.Y.S.3d 222

2020 NY Slip Op 06168

U.S. Bank Trust, N.A., Respondent, v. Jacob Frankfurter, Appellant, et al., Defendants.

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

Decided October 28, 2020.

Ordered that the order is affirmed, with costs.

In this action to foreclose a mortgage, the defendant Jacob Frankfurter (hereinafter the defendant) moved pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred. In support of his motion, the defendant argued that a letter dated April 18, 2012, sent to him by the plaintiff's predecessor in interest, accelerated the mortgage debt, rendering this foreclosure action, which was...

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