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SY WALD, LLC v. WELLS FARGO BANK, N.A.

2019-05886. Index No. 509621/17.

202 A.D.3d 857 (2022)

158 N.Y.S.3d 875

2022 NY Slip Op 00893

Sy Wald, LLC, Appellant, v. Wells Fargo Bank, N.A., Respondent.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Berg & David PLLC, Brooklyn, NY ( Abraham David and Gordon Speckhard of counsel), for appellant.

Blank Rome LLP, New York, NY ( Alina Levi and Diana M. Eng of counsel), for respondent.

Rivera, J.P., Chambers, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

In May 2017, the plaintiff commenced this action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage on the ground that the statute of limitations within which to commence an action to foreclose the subject mortgage had expired. The defendant moved pursuant to CPLR 3211(a) to dismiss the complaint, and the plaintiff cross-moved for summary judgment on the complaint. In an order dated February 22, 2019...

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