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VAFAKOS v. GEORGE KNIGHT

41 A.D.3d 140 (2007)

837 N.Y.S.2d 124

THEO VAFAKOS, Appellant, v. CAROL GEORGE KNIGHT et al., Defendants, and BA MORTGAGE LLC, Respondent.

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

Decided June 7, 2007.

This mortgage foreclosure action is untimely, having been commenced more than six years subsequent to the date of the underlying loan's maturity. Even if, as he contends, plaintiff mortgagee was unaware of the apparent theft by one Greenblatt of the mortgage payoff in 1993, that would not suffice to toll the running of the statutory period. There is no evidence of fraud on the part of defendant-respondent (see Ely-Cruikshank...

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