CADLEROCK, L.L.C. v. RENNER

2502, 105570/08.

72 A.D.3d 454 (2010)

898 N.Y.S.2d 127

CADLEROCK, L.L.C., Appellant, v. JAN Z. RENNER, Respondent.

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

Decided April 6, 2010.


Defendant sufficiently pleaded his statute of limitations affirmative defense (see Immediate v St. John's Queens Hosp., 48 N.Y.2d 671, 673 [1979]). Contrary to plaintiff's contention, the promissory note, which required defendant to pay principal and interest payments monthly for 20 years, after which the loan would have self-liquidated, was an installment contract (see Phoenix...

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