BAYVIEW LOAN SERVICING, LLC v. PANIAGUA

2019-12685. Index No. 600895/19.

207 A.D.3d 691 (2022)

172 N.Y.S.3d 451

2022 NY Slip Op 04708

Bayview Loan Servicing, LLC, Respondent, v. Angel Paniagua, Appellant, et al., Defendants.

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

Decided July 27, 2022.


Attorney(s) appearing for the Case

New York Legal Assistance Group, New York, NY ( Beth E. Goldman and Julie Anne Howe of counsel), for appellant.

Vallely Law, PLLC, Syosset, NY ( Natalia Thomas of counsel), for respondent.

Barros, J.P., Rivera, Chambers and Miller, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Angel Paniagua which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred is granted.

In January 2019, the plaintiff commenced this action against the defendant Angel Paniagua (hereinafter the defendant), among others, to foreclose a mortgage on property located in Bay Shore. In lieu...

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