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DEUTSCHE BANK v. LUBONTY

2019-07651. Index No. 617778/18.

208 A.D.3d 142 (2022)

171 N.Y.S.3d 556

2022 NY Slip Op 04288

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for AMERICAN HOME MORTGAGE INVESTMENT TRUST 2006-1, Respondent, v. GREGG LUBONTY, Appellant, et al., Defendants.

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

Decided July 6, 2022.

Attorney(s) appearing for the Case

Lester & Associates, P.C., Garden City (Seung Woo Lee and Peter Kamran of counsel), for appellant.

Hinshaw & Culbertson LLP, New York City (Schuyler B. Kraus of counsel), for respondent.

IANNACCI, J.P., MILLER and MALTESE, JJ., concur.

OPINION OF THE COURT

I. Introduction

The main issue on this appeal is whether the applicable statute of limitations has expired, precluding the plaintiff from foreclosing a mortgage given by the defendant Gregg Lubonty (hereinafter the defendant) on certain real property...

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