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FEDERAL NATL. MTGE. ASSN. v. WOOLSTONE

2019-05925. Index No. 515591/18.

196 A.D.3d 548 (2021)

147 N.Y.S.3d 458

2021 NY Slip Op 04345

Federal National Mortgage Association, Appellant, v. Pinchos Woolstone, Respondent, et al., Defendants.

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

Decided July 14, 2021.

Attorney(s) appearing for the Case

RAS Boriskin, LLC, Westbury, NY (McCarter & English, LLP [ Adam M. Swanson and Jessie D. Bonaros ], of counsel), for appellant.

Swidler & Messi, LLP, New York, NY ( Michael Messi , of counsel) for respondent.

Rivera, J.P., Miller, Barros and Brathwaite Nelson, JJ., concur.

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

In this mortgage foreclosure action, in support of that branch of his motion which was to dismiss the complaint as time-barred, the defendant Pinchos Woolstone (hereinafter the defendant) established that the six-year statute of limitations (see CPLR 213[4]) began to run on the entire debt in January 2010, when the plaintiff commenced an action (hereinafter the prior action) to foreclose...

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