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DEUTSCHE BANK NATL. TRUST CO. v. 9TH ST, LLC

2019-03252. Index No. 514752/15.

198 A.D.3d 717 (2021)

152 N.Y.S.3d 612

2021 NY Slip Op 05542

Deutsche Bank National Trust Company, Appellant, v. 9th St, LLC, Respondent, et al., Defendants.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Duane Morris LLP, New York, NY ( Brett L. Messinger of counsel), for appellant.

Solomon Rosengarten , Brooklyn, NY, for respondent.

Austin, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff in this mortgage foreclosure action appeals from an order that granted the motion of the defendant 9th St, LLC (hereinafter the defendant), pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it as time-barred. In the order, the Supreme Court determined that this action was untimely, as the entire mortgage debt had been accelerated...

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