Legal Opinion
Clayton National, Inc. v. Guldi
Appellate Division of the Supreme Court of the State of New York
Decided August 18, 2003PublishedCited by 33 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Cohalan, J.), entered March 14, 2001, which, inter alia, granted the motion of the defendants George O. Guldi and Anne C. Leahey to dismiss the complaint as time-barred.
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that this action is barred by the six-year statute of limitations applicable to an action to foreclose a mortgage (see CPLR 213 [4]). The filing of the summons and…
2Cases cited4 opinions
- EMC Mortgage Corp. v. PatellaAppellate Division of the Supreme Court of the State of New York · 2001
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Federal National Mortgage Ass'n v. MebaneAppellate Division of the Supreme Court of the State of New York · 1994
- City Streets Realty Corp. v. Jan Jay Construction Enterprises Corp.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by33 opinions
- Wells Fargo Bank, N.A. v. BurkeAppellate Division of the Supreme Court of the State of New York · 2012
- Kashipour v. Wilmington Sav. Fund Socy., FSBAppellate Division of the Supreme Court of the State of New York · 2016
- NMNT Realty Corp. v. Knoxville 2012 TrustAppellate Division of the Supreme Court of the State of New York · 2017
- Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
- Charter One Bank, FSB v. LeoneAppellate Division of the Supreme Court of the State of New York · 2007
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