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U.S. BANK N.A. v. SALEM

2015-08836. Index No. 5220/14.

164 A.D.3d 1289 (2018)

81 N.Y.S.3d 583

2018 NY Slip Op 06049

U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America National Association, as Trustee, as Successor by Merger to LaSalle Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2007-RSI, Appellant, v. Sion Salem et al., Defendants, and Abraham Cohen et al., Respondents.

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

Decided September 12, 2018.

Ordered that the order is affirmed, without costs or disbursements.

On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) on the ground that it is barred by the statute of limitations, a defendant bears the initial burden of establishing, prima facie, that the time in which to sue has expired (see U.S. Bank N.A. v Joseph, 159 A.D.3d 968, 969 [2018]; Wells Fargo Bank, N.A. v Burke, 155...

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