Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment dismissing the thirteenth affirmative defense of the defendant Virginia Fresca is granted, and that defendant's cross motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred and to cancel the notice of pendency is denied.
In January 2018, the plaintiff commenced this foreclosure action against...
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