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FEDERAL NATL. MTGE. ASSN. v. JEANTY

No. 84.

39 N.Y.3d 951 (2022)

198 N.E.3d 1290

178 N.Y.S.3d 9

2022 NY Slip Op 06539

FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), a Corporation Organized and Existing under the Laws of the United States of America, Appellant, v. MAXI JEANTY, Also Known as MAXI JEANTY, JR., et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided November 17, 2022.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York City ( Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant.

Brian McCaffrey , Attorney at Law, P.C., Jamaica ( Brian McCaffrey of counsel), for respondents.

Legal Services NYC, New York City ( Jacob Inwald , Christopher Newton , Rachel Geballe , Jennifer Lerman , Michael Corcoran and Thomas Tillona of counsel), for Legal Services NYC and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiff's motion for summary judgment on the complaint as against defendants Maxi Jeanty and Sherley Jeanty and for an order of reference granted, and the Jeanty defendants' cross motion for summary judgment denied.

In this mortgage foreclosure action, plaintiff contends that Supreme Court erred in concluding that the complaint was untimely inasmuch...

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