Pol v. Ashirov

In an action to foreclose a mortgage, the plaintiffs appeal from an order of the Supreme Court, Queens County (Lane, J.), dated March 31, 2014, which granted the defendants’ motion pursuant to Uniform Rules for Trial Courts (22 NYCRR) § 202.48 to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to 22 NYCRR 202.48 to dismiss the complaint is denied.

This action to foreclose a mortgage was commenced in 2009. After a jury verdict rejecting the defendants’ defense of fraud, the Supreme Court (Rosengarten, J.), in a decision dated…