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U.S. BANK N.A. v. JOHNSON

2019-10873. Index No. 604988/18.

209 A.D.3d 698 (2022)

176 N.Y.S.3d 103

2022 NY Slip Op 05557

U.S. Bank National Association, Appellant, v. Erik Johnson et al., Respondents, et al., Defendants.

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

Decided October 5, 2022.

Attorney(s) appearing for the Case

Locke Lord, LLP, New York, NY ( Shawn Brenhouse and Aileen McTiernan of counsel), for appellant.

Peter D. Tamsen, P.C., Bay Shore, NY, for respondents.

Iannacci, J.P., Roman, Wooten and Zayas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (C. Randall Hinrichs, J.), dated July 31, 2019. The order, insofar as appealed from, granted that branch of the motion of the defendants Erik Johnson and Christa Johnson which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against them as time-barred.

Ordered that the order is reversed insofar as appealed from, on the law, with...

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