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US BANK TRUST, N.A. v. REIZES

2020-00819. Index No. 523467/17.

222 A.D.3d 907 (2023)

202 N.Y.S.3d 407

2023 NY Slip Op 06553

US Bank Trust, N.A., Respondent-Appellant, v. Mendel Reizes, Appellant-Respondent, et al., Defendants.

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

Decided December 20, 2023.

Attorney(s) appearing for the Case

Mesnashe & Associates, LLP, Montebello, NY ( Chezki Menashe of counsel), for appellant-respondent.

Stern & Eisenberg, P.C., Depew, NY ( Arsenio Rodriguez of counsel), for respondent-appellant.

Connolly, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action to foreclose a mortgage, the defendant Mendel Reizes appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Kings County (Noach Dear, J.), dated October 31, 2019. The order, insofar as appealed from, in effect, denied that branch of the motion of the defendant Mendel Reizes which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as barred by the statute of limitations and granted the plaintiff's cross...

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