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U.S. BANK NATIONAL ASSOCIATION v. NAIL

2019-04747, 2019-11984. Index No. 70652/17.

203 A.D.3d 1095 (2022)

165 N.Y.S.3d 124

2022 NY Slip Op 02034

U.S. Bank National Association, Appellant, v. Cynthia Nail et al., Respondents, et al., Defendants.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York, NY (Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant.

The Virgo Law Firm, Brooklyn, NY (Samantha Virgo of counsel), for respondents.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

Ordered that the order dated April 2, 2019, is modified, on the law, by deleting the provisions thereof, upon reargument, vacating the determination in the amended order dated October 9, 2018, denying those branches of those defendants' prior motion which were pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against them as time-barred and to cancel a notice of pendency filed against the subject property...

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