U.S. Bank N.A. v. Crockett

U.S. Bank N.A. v Crockett (2022 NY Slip Op 00212)

U.S. Bank N.A. v Crockett

2022 NY Slip Op 00212

Decided on January 12, 2022

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 January 12, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
WILLIAM G. FORD, JJ.
2019-03840
(Index No. 516625/16)

Friedman Vartolo LLP, Garden City, NY (Zachary Gold of counsel), for appellant.

Solomon Rosengarten, Brooklyn, NY, for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated February 8, 2019. The order, insofar as appealed from, granted the defendant's motion for summary judgment dismissing the complaint as time-barred.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint as time-barred is denied.

The order is reversed insofar as appealed from for the reasons stated in the companion appeal (U.S. Bank N.A. v Crockett, _____ AD3d _____ [Appellate Division Docket No. 2018-11178; decided herewith]).

IANNACCI, J.P., CHAMBERS, MILLER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court