Bank of New York Central Region v. Cain

Order unanimously reversed, with costs-, complaint reinstated in accordance with memorandum and defendant Merchants National Bank and Trust Company of Syracuse directed to serve its answer within 20 days from entry of the order herein. Memorandum: Plaintiff appeals from an order dismissing its complaint as time barred (CPLR 3211, subd [a], par 5). The action was commenced in September, 1978 and sought reformation of a mortgage and foreclosure of the mortgage as reformed. The complaint alleged that the named mortgagor was the president of a corporation to which the loan was to be made; that…