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CHIU v. 1-9 BOND STREET REALTY, INC.

3749, 601124/09.

79 A.D.3d 416 (2010)

913 N.Y.S.2d 158

WINSTON CHIU, Respondent-Appellant, v. 1-9 BOND STREET REALTY, INC., et al., Appellants-Respondents.

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

Decided December 2, 2010.

Defendants argue that this action to recover on a promissory note is time-barred because it was not commenced within six years after the note's end date (CPLR 213 [2]). However, defendant 1-9 Bond Street Realty, the obligor, made regular monthly installment payments after the end date and discontinued the payments only in the belief that its obligations under the note were satisfied. This conduct unequivocally evinced an intent...

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