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DK GATES HOMES, LLC v. HSBC BANK USA, N.A.

2018-07389. Index No. 506136/14.

188 A.D.3d 815 (2020)

136 N.Y.S.3d 74

2020 NY Slip Op 06497

DK Gates Homes, LLC, Appellant, v. HSBC Bank USA, N.A., Respondent.

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

Decided November 12, 2020.

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

Pursuant to RPAPL 1501(4), a person having an estate or an interest in real property subject to a mortgage can seek to cancel and discharge of record that encumbrance where the period allowed by the applicable statute of limitations for the commencement of an action to foreclose the mortgage has expired, provided that the mortgagee or its successor was not in possession of the subject real property...

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