Lawrence, Blake & Jewell, Inc. v. Rockhurst Realty Corp.

The renewal note, which was payable on demand, was not presented until five years, eleven months and twenty-six days after its issue. As the circumstances causing this delay are in dispute there were triable issues as to whether presentment was made within a reasonable time and whether the indorser had been discharged under the circumstances. (Neg. Inst. Law, §§ 4, 130 and 131; Commercial National Bank v. Zimmerman, 185 N. Y. 210.)

Nor may the summary judgment be upheld on the theory that plaintiff might hold appellant as indorser of the original note. Though the giving of a renewal note…