BIG CHIEF LEWIS, INC. v. STIM


99 A.D.2d 501 (1984)

Big Chief Lewis, Inc., Respondent, v. Joseph D. Stim et al., Appellants

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

January 16, 1984


Order reversed, on the law, without costs or disbursements, and defendants' motion for summary judgment dismissing the action granted.

The mortgage in this case was due and payable on December 31, 1967. The Statute of Limitations expired six years later, on December 31, 1973 (CPLR 213, subd 4). Although plaintiff asserts that two payments were made in 1981 toward the outstanding interest, there is no claim or evidence that these payments were made by defendants or...

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