TOINY, LLC v. RAHIM

2020-08225. Index No. 704418/18.

214 A.D.3d 1023 (2023)

184 N.Y.S.3d 609

2023 NY Slip Op 01702

Toiny, LLC, Appellant, v. Rafeena Rahim et al., Defendants.

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

Decided March 29, 2023.


Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY ( Seth D. Weinberg of counsel), for appellant.

Rivera, J.P., Miller, Christopher and Taylor, JJ., concur.


In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Pam Jackman Brown, J.), entered February 18, 2020. The order denied the plaintiff's unopposed motion pursuant to CPLR 3025(b) for leave to amend its reply to the counterclaim of the defendant Wilmington Savings Fund Society, FSB, to assert the statute of limitations as an affirmative defense.

Ordered that the order is reversed, on the law and in the exercise...

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