HSBC BANK USA, N.A. v. KING

2018-05434. Index No. 1658/17.

193 A.D.3d 694 (2021)

141 N.Y.S.3d 895

2021 NY Slip Op 02137

HSBC Bank USA, N.A., Respondent, v. Lise King et al., Appellants, et al., Defendants.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Ronald D. Weiss, P.C., Melville, NY, for appellants.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Jordan J. Manfro of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.


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

On March 23, 2017, the plaintiff commenced the instant action to foreclose a mortgage against the appellants, among others. The appellants interposed an answer in which they asserted, inter alia, as an affirmative defense, that the action was barred by the statute of limitations. Subsequently, the appellants moved, inter alia, pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted...

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