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BANK OF N.Y. MELLON v. NORTON

2020-09557. Index No. 60207/19.

219 A.D.3d 680 (2023)

195 N.Y.S.3d 103

2023 NY Slip Op 04295

Bank of New York Mellon, Appellant, v. Christina Norton, Also Known as Christina Robich-Norton, et al., Respondents, et al., Defendants.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Charles H. Jeanfreau of counsel), for appellant.

Thomas LaGrotta , Thornwood, NY, for respondents.

Iannacci, J.P., Chambers, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated September 21, 2020. The order granted that branch of the motion of the defendants Christina Norton and Raymond Norton which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against them as time-barred, and denied the plaintiff's cross-motion to compel those defendants to accept its late reply to their...

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