GIROLAMO v. HYMAN


292 A.D.2d 319 (2002)

739 N.Y.S.2d 266

JOHN GIROLAMO, Appellant, v. FRED HYMAN, Respondent.

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

Decided March 28, 2002.


This action to recover upon numerous promissory notes was properly dismissed as time-barred. Even if, as plaintiff argues, the acceleration clause applicable to the notes was not self-executing, but required action by plaintiff to become operative, plaintiff's affidavit in support of an earlier motion establishes that he took action to accelerate the notes, and thus triggered the running of the statutory period, more than six years prior to this action's commencement.

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