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U.S. BANK N.A. v. 32-49 107 ST., INC.

2021-06682. Index No. 721221/19.

219 A.D.3d 777 (2023)

193 N.Y.S.3d 321

2023 NY Slip Op 04333

U.S. Bank National Association, Appellant v. 32-49 107 Street, Inc., Respondent, et al., Defendants.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

Roach & Lin, P.C., Syosset, NY ( Michael C. Manniello and Hans Augustin of counsel), for appellant.

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for respondent.

Barros, J.P., Maltese, Ford and Dowling, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Robert J. McDonald, J.), dated August 16, 2021. The judgment, insofar as appealed from, upon an order of the same court dated July 2, 2021, inter alia, granting that branch of the cross-motion of the defendant 32-49 107 Street, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it as time-barred, dismissed the complaint insofar...

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