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  5. 26 A.D.2d 142 (1966)
 

NEWGOLD v. WOODSTOCK DEV.

26 A.D.2d 142 (1966)

Gabriel A. Newgold, Respondent, v. Woodstock Development Corporation, Also Known as Woodstock Development Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1966.

Attorney(s) appearing for the Case

Schwartz, Weissberger, Leichter & Storch (Herman N. Schwartz and Irving Ronald Storch of counsel), for appellant.

Prince & Loeb (Merton L. Zubres, Sidney J. Loeb and Benjamin Goldbaum of counsel), for respondent.

REYNOLDS and TAYLOR, JJ., concur with AULISI, J.; GIBSON, P. J., dissents and votes to reverse in an opinion, in which HERLIHY, J., concurs.

AULISI, J.

This is an appeal from an order of the Supreme Court at Special Term, Sullivan County, which denied defendant's motion for summary judgment that installments of principal and interest totaling $9,500 due under a bond and mortgage were barred by the six-year Statute of Limitations (CPLR 213, subd. 4).

This action was commenced on April 17, 1964 to foreclose a real property mortgage intended...

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