Ordered that the order is affirmed, with costs.
The plaintiff commenced this action to foreclose a mortgage. The defendant Charles Rogers (hereinafter the defendant) moved for summary judgment, contending that the action was barred by the six-year statute of limitations applicable to mortgage foreclosures (see CPLR 213 [4]). The plaintiff contends that the mortgage was extended for eight years by an oral modification in 1993.
Under the statute of frauds...
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