U.S. Bank N.A. v Pagel, 2020 NY Slip Op 04509 [186 AD3d 648]

August 12, 2020

Appellate Division, Second Department

[*1]

U.S. Bank National Association, Respondent,

v

Travis Pagel, Appellant, et al., Defendants.

The Fisher Law Firm P.C., Port Jefferson, NY (Charles J. Fisher and Eric D. Cherches of counsel), for appellant.

In an action to foreclose a mortgage, the defendant Travis Pagel appeals from an order of the Supreme Court, Suffolk County (Denise F. Molia, J.), dated October 10, 2018. The order, insofar as appealed from, denied that branch of that defendant’s motion which was for summary judgment dismissing the complaint insofar as asserted against him as time-barred.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Travis Pagel which was for summary judgment dismissing the complaint insofar as asserted against him as time-barred is granted.

For reasons stated in Deutsche Bank Natl. Trust Co. v Gambino (153 AD3d 1232 , 1234 [2017]), the order is reversed insofar as appealed from, and that branch of the motion of the defendant Travis Pagel which was for summary judgment dismissing the complaint insofar as asserted against him as time-barred is granted. Dillon, J.P., Cohen, Miller and Barros, JJ., concur..