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MTGLQ INVS., L.P. v. LOPEZ

2019-13939. Index No. 507326/18.

204 A.D.3d 991 (2022)

165 N.Y.S.3d 339

2022 NY Slip Op 02788

MTGLQ Investors, L.P., Appellant, v. Elena Lopez, et al., Defendants, and Edwin A. Duran, Respondent.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York, NY (Zachary Gold and Oran Schwager of counsel), for appellant.

Alice A. Nicholson, Brooklyn, NY, for respondent.

Iannacci, J.P., Miller, Maltese and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendant Edwin A. Duran pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred is denied.

In April 2018, the plaintiff commenced this action against, among others, the defendant Edwin A. Duran (hereinafter the defendant), to foreclose a mortgage. The plaintiff moved, inter alia, for summary judgment on the complaint...

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