Deutsche Bank Natl. Trust Co. v Campbell, 2020 NY Slip Op 05488 [187 AD3d 714]

October 7, 2020

Appellate Division, Second Department

[*1]

Deutsche Bank National Trust Company, Appellant,

v

Rolando Campbell et al., Respondents, et al., Defendants.

RAS Boriskin, LLC, Westbury, NY (Joseph F. Battista of counsel), for appellant.

Leslie M. Gales-Brown, New York, NY, for respondents.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated December 7, 2017. The order, insofar as appealed from, granted that branch of the cross motion of the defendants Rolando Campbell and Deborah Morgan which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against them as time-barred.

Ordered that the order is affirmed insofar as appealed from, with costs.

The arguments raised by the plaintiff on this appeal were not raised in opposition to the cross motion of the defendants Rolando Campbell and Deborah Morgan. Furthermore, these new issues do “not present . . . pure question[s] of law appearing on the face of the record which could not have been avoided by factual showings or legal countersteps if raised at the proper juncture” ( Wells Fargo Bank v Islam , 174 AD3d 670 , 672 [2019]). Inasmuch as the plaintiff has raised no other argument on this appeal, we affirm the order insofar as appealed from ( see id. at 672). Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur..