U.S. Bank Trust, N.A. v Rudick, 2019 NY Slip Op 04219 [172 AD3d 1431]

May 29, 2019

Appellate Division, Second Department

[*1]

U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, Appellant,

v

Samuel Rudick, Respondent, et al., Defendants.

Day Pitney LLP, New York, NY (Christina A. Parlapiano and Richard J. Galati, Jr., of counsel), for appellant.

Young Law Group, PLLC, Bohemia, NY (Ivan E. Young and Justin Pane of counsel), for respondent.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated November 28, 2017. The order denied the plaintiff’s motion for leave to renew its opposition to that branch of the motion of the defendant Samuel Rudick which was pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against him as barred by the applicable statute of limitations.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in the companion appeal ( see U.S. Bank Trust, N.A. v Rudick , 172 AD3d 1430 [2019] [decided herewith]). Chambers, J.P., Maltese, LaSalle and Barros, JJ., concur..