Ordered that the order is affirmed, with costs.
I. Introduction
On this appeal, we consider whether the plaintiff raised a genuine question of fact in opposition to the motion of the defendant Equity Recovery Corporation (hereinafter Equity) for dismissal of the amended complaint as time-barred (see CPLR 3211[a][5]) and for summary judgment on its counterclaim pursuant to RPAPL article 15 to cancel and discharge of record the mortgage ...
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