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LUBONTY v. U.S. BANK N.A.

No. 85.

34 N.Y.3d 250 (2019)

139 N.E.3d 1222

116 N.Y.S.3d 642

2019 NY Slip Op 08520

GREGG LUBONTY, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee for AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-4A, et al., Respondent.

Court of Appeals of New York.

Decided November 25, 2019.

Attorney(s) appearing for the Case

Lester & Associates, P.C., Garden City (Peter K. Kamran of counsel), for appellant.

Hinshaw & Culbertson LLP, New York City (Schuyler B. Kraus, Joseph Silver and Han Sheng Beh of counsel), for respondent.

OPINION OF THE COURT

New York law tolls the statute of limitations where "the commencement of an action has been stayed by a court or by statutory prohibition" (CPLR 204[a]). Federal bankruptcy law automatically stays the commencement or continuation of any judicial proceedings against a debtor upon the filing of a bankruptcy...

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