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BANK OF N.Y. MELLON v. MS GLOBAL GROUP, LLC

2020-00824. Index No. 502152/12.

222 A.D.3d 821 (2023)

202 N.Y.S.3d 392

2023 NY Slip Op 06503

Bank of New York Mellon, Respondent, v. MS Global Group, LLC, Appellant, et al., Defendants.

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

Decided December 20, 2023.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City, NY (Anthony R. Filosa and Robert Smith of counsel), for appellant.

Akerman LLP, New York, NY (Jordan M. Smith and Eric M. Levine of counsel), for respondent.

Dillon, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action, inter alia, to foreclose a mortgage, the defendant MS Global Group, LLC, appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated December 2, 2019. The order, insofar as appealed from, denied those branches of the motion of the defendant MS Global Group, LLC, which were pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it as time-barred, pursuant to RPAPL 1301(3) and CPLR 3217(c) to dismiss the first cause...

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