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WILMINGTON TRUST CO. v. YONKUS

2021-08809, Index No. 704559/14.

2024 NY Slip Op 00925

WILMINGTON TRUST COMPANY, ETC., Appellant, v. GINA YONKUS, ET AL., Respondents, ET AL., Defendants.

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

Decided February 21, 2024.

Attorney(s) appearing for the Case

Akerman LLP, New York, NY ( Jordan M. Smith of counsel), for appellant.

Doyle & Broumand, LLP, Bronx, NY ( Michael B. Doyle of counsel), for respondents.

Before: Robert J. Miller, J.P., Joseph J. Maltese, William G. Ford, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Marguerite A. Grays, J.), entered November 5, 2021. The order, in effect, granted the converted motion of the defendants Gina Yonkus and John Yonkus for summary judgment dismissing the complaint insofar as asserted against them as time-barred and to cancel and discharge of record the subject note and mortgage.

ORDERED that the...

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