ERLICHMAN v. VENTURA


271 A.D.2d 482 (2000)

706 N.Y.S.2d 907

JACK ERLICHMAN et al., Appellants, v. ANTHONY M. VENTURA, Respondent, et al., Defendants.

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

Decided April 10, 2000.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action eleven years after the respondent defaulted on his mortgage payments and, accordingly, beyond the expiration of the applicable six-year Statute of Limitations. There is no evidence that the respondent's promises to pay were intended to lull the plaintiffs into inactivity until after the expiration of the Statute of Limitations, giving rise to an estoppel (see, Bennett v Metro-North...

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