Estaba v. Estaba

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered December 1, 2014, which denied the motion of defendant Mortgage Electronic Registration Systems, Inc. (MERS) for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly determined that the action is not time-barred. A claim against a forged deed is not subject to a statute of limitations defense (see Faison v Lewis, 25 NY3d 220, 226 [2015]). In any event, CPLR 212 (a) would not bar plaintiff from bringing this action, as she sufficiently alleged her ownership and possession of the…