Haber v. Nasser

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (S. Leone, J.), dated December 8, 2000, which denied his motion, inter alia, pursuant to CPLR 5015 (a) (3) to vacate a prior order of the same court dated February 16, 2000, granting the motion of the defendants Nancy Nasser, f/k/a Nancy Toussie, the Estate of Marie Toussie, and the Estate of Samuel Toussie to dismiss the complaint insofar as asserted against them as time-barred and to cancel and discharge the mortgage.

Ordered that the order is affirmed, with costs.

The Supreme Court…