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Christiana Trust v NTK Realty, Inc., 2020 NY Slip Op 04823 [186 AD3d 1194]

September 2, 2020

Appellate Division, Second Department

[*1]

Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, as Trustee of ARLP Trust 3, Appellant,

v

NTK Realty, Inc., Respondent, et al., Defendants.

Gross Polowy, LLC, Williamsville, NY (Stephen J. Vargas of counsel), for appellant.

Ehsanul Habib, Forest Hills, NY, for respondent.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered October 27, 2017. The order granted the motion of the defendant NTK Realty, Inc., pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against it as time-barred.

Ordered that the order is affirmed, with costs.

For reasons stated in Ditech Fin., LLC v Naidu (175 AD3d 1387 [2019], lv granted 34 NY3d 910 [2020]), we affirm the order. Mastro, J.P., Maltese, Brathwaite Nelson and Wooten, JJ., concur..