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MORGAN GUAR. TRUST CO. OF NEW YORK v. WESTREICH

213 A.D.2d 238 (1995)

624 N.Y.S.2d 8

Morgan Guaranty Trust Company of New York, Appellant, v. Shira S. Westreich, Respondent

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

March 14, 1995

Plaintiff's action to recover on a promissory note, which was not commenced until 1993, was dismissed by the IAS Court as time barred by the six-year Statute of Limitations (see, CPLR 213; UCC 3-122), because the demand note was executed in 1986.

However, there was an issue of fact raised as to whether the periodic payments and borrowings against the loan, payments of interest, and repayments of principal took place...

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