DEUTSCHE BANK NATL. TRUST CO. v. MARCH

2019-07614. Index No. 708074/18.

191 A.D.3d 762 (2021)

138 N.Y.S.3d 356

2021 NY Slip Op 00834

Deutsche Bank National Trust Company, Respondent, v. Anthony March, Appellant, et al., Defendants.

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

Decided February 10, 2021.


Attorney(s) appearing for the Case

David B. Calender , Valley Stream, NY, for appellant.

Parker Ibrahim & Berg LLP, New York, NY ( Ben Z. Raindorf of counsel), for respondent.

Chambers, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.


Ordered that the order is affirmed, with costs.

Since the defendant demonstrated that the acceleration of the mortgage debt occurred more than six years prior to the commencement of the present action, the defendant sustained his initial burden of demonstrating, prima facie, that the action was untimely (see 21st Mtge. Corp. v Balliraj, 177 A.D.3d 687, 689 [2019]). However, in opposition, the plaintiff raised a triable issue of fact as to whether the plaintiff...

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