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RELIANCE FEDERAL SAVINGS BANK v. ALTMAN

269 A.D.2d 380 (2000)

702 N.Y.S.2d 860

RELIANCE FEDERAL SAVINGS BANK, Successor in Interest to SUNRISE FEDERAL SAVINGS BANK, Formerly Known as SUNRISE FEDERAL SAVINGS AND LOAN ASSOCIATION, Respondent, v. LAURIE ALTMAN as Trustee of the JUDITH EIDELKIND TRUST, et al., Appellants, et al., Defendants.

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

Decided February 7, 2000.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that this action was timely commenced. The loan documents provided that the acceleration of the mortgage debt was at the option of the mortgagee. The recovery of installments due within six years of the commencement of the instant action was not time-barred (see, Loiacono v Goldberg, 240 A.D.2d 476; Pagano v Smith, 201...

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