UTICA MUT. INS. CO. v. KNOX


71 A.D.2d 763 (1979)

Utica Mutual Insurance Company et al., Respondents, v. Robin B. Knox et al., Appellants

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

July 26, 1979


The issue before the court is whether an action on mortgage installments coming due within six years of the commencement of a foreclosure action is barred by CPLR 213. It is appellant's contention that once he failed to pay an installment due on the mortgage the entire amount became due and the Statute of Limitations began to run. Appellant has not paid any installments of principal and interest due under the mortgage since July, 1971. The action to foreclose was commenced...

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