U.S. Bank N.A. v. Pagel

U.S. Bank N.A. v Pagel (2020 NY Slip Op 04509)

U.S. Bank N.A. v Pagel

2020 NY Slip Op 04509

Decided on August 12, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
2018-14491
(Index No. 609990/17)

The Fisher Law Firm P.C., Port Jefferson, NY (Charles J. Fisher and Eric D. Cherches of counsel), for appellant.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Travis Pagel appeals from an order of the Supreme Court, Suffolk County (Denise F. Molia, J.), dated October 10, 2018. The order, insofar as appealed from, denied that branch of that defendant's motion which was for summary judgment dismissing the complaint insofar as asserted against him as time-barred.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Travis Pagel which was for summary judgment dismissing the complaint insofar as asserted against him as time-barred is granted.

For reasons stated in Deutsche Bank Natl. Trust Co. v Gambino (153 AD3d 1232, 1234), the order is reversed insofar as appealed from, and that branch of the motion of the defendant Travis Pagel which was for summary judgment dismissing the complaint insofar as asserted against him as time-barred is granted.

DILLON, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court