KIRSCHENBAUM v. WELLS FARGO BANK, N.A.

Index No. 151236/19. Appeal Nos. 11794-11794A, M-1230. Case Nos. 2020-01563, 2020-01564.

193 A.D.3d 425 (2021)

141 N.Y.S.3d 689

2021 NY Slip Op 02073

Joshua Kirschenbaum, Respondent, v. Wells Fargo Bank, N.A., Appellant.

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

Decided April 1, 2021.


Attorney(s) appearing for the Case

Blank Rome LLP, New York ( Timothy W. Salter of counsel), for appellant.

Richland & Falkowski, PLLC, Washingtonville ( Daniel H. Richland of counsel), for respondent.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.


Plaintiff Joshua Kirschenbaum is the owner of a condominium located in Manhattan. Defendant Wells Fargo Bank, N.A. is the current holder of the mortgage encumbering the property. This appeal addresses whether the mortgage should be discharged due to the expiration of the statute of limitations to enforce it. Specifically, plaintiff commenced a quiet title action under RPAPL 1501(4) to discharge the Wells Fargo mortgage, contending the statute of limitations for any claim...

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