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DEUTSCHE BANK NATL. TRUST CO. v. HEITNER

2020-02568, Index No. 603938/19.

2024 NY Slip Op 02170

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., Appellant, v. GAIL HEITNER, ET AL., Respondents, ET AL., Defendants.

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

Decided April 24, 2024.

Attorney(s) appearing for the Case

Robertson Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for appellant.

PM Law P.C., New York, NY ( Pankaj Malik of counsel), for respondents.

Before: Angela G. Iannacci, J.P., Linda Christopher, Paul Wooten, Janice A. Taylor, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered January 22, 2020. The order granted the motion of the defendants Gail Heitner and Walter Heitner, Jr., 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 extend the time to serve the summons and complaint upon those...

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