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U.S. BANK N.A. v. CORCUERA

2020-06138. Index No. 718231/19.

217 A.D.3d 896 (2023)

191 N.Y.S.3d 717

2023 NY Slip Op 03371

U.S. Bank National Association, Appellant, v. Miguel Corcuera, Respondent, et al., Defendants. Letitia James, Intervenor-Respondent.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Woods Oviatt Gilman LLP (J. Robbin Law PLLC, Armonk, NY [Jonathan M. Robbin and Jacquelyn A. DiCicco], of counsel), for appellant.

David J. Broderick LLC, Forest Hills, NY, for defendant-respondent (no brief filed).

Letitia James, Attorney General, New York, NY (Barbara D. Underwood, Ester Murdukhayeva, and Mark S. Grube of counsel), intervenor-respondent pro se.

Barros, J.P., Rivera, Genovesi and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Maurice E. Muir, J.), entered June 2, 2020. The order, insofar as appealed from, granted that branch of the motion of the defendant Miguel Corcuera which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him as time-barred.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

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