Faison v. Lewis

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated September 13, 2011, which granted the motion of the defendant Bank of America, N.A., pursuant to CPLR 3211 (a) (5) to dismiss the complaint in its entirety as time-barred and denied, as academic, her cross motion pursuant to CPLR 3211 (b) to dismiss the 15th affirmative defense asserted in the joint answer of the defendants Bank of America, N.A., and Mortgage Electronic Registration Systems, Inc.

*1048Ordered that the order is modified, on the law, (1)…