SICHOL v. CROCKER


177 A.D.2d 842 (1991)

Brian A. Sichol et al., Appellants, v. William J. Crocker, Jr. et al., Respondents

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

November 21, 1991


Mercure, J.

Plaintiffs commenced this action in December 1989 to foreclose a mortgage securing a note executed by defendants on July 23, 1973. Defendants moved to dismiss the complaint upon the ground that the six-year Statute of Limitations (see, CPLR 213 [4]) had expired. Plaintiffs opposed the motion and cross-moved for summary judgment, alleging that on December 29, 1983 defendants acknowledged the mortgage debt in writing, causing the Statute...

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