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GREEN TREE SERVICING, LLC v. WEISS

2019-12433 Index No. 33634/15.

222 A.D.3d 626 (2023)

198 N.Y.S.3d 766

2023 NY Slip Op 06239

Green Tree Servicing, LLC, Appellant, v. Abraham Weiss et al., Respondents, et al., Defendants.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

Aldridge Pite, LLP, Melville, NY ( Kenneth Sheehan of counsel), for appellant.

Allen A. Kolber (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Nicholas S. Bruno ], of counsel), for respondents.

Duffy, J.P., Genovesi, Dowling and Taylor, JJ., concur.

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from stated portions of an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated September 17, 2019. The order, inter alia, granted that branch of the motion of the defendants Abraham Weiss and Esther Weiss which was pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them as barred by the statute of limitations.

Ordered that the appeal is dismissed...

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