Rookery Investing Co. v. Audley Construction Corp.

Motion by the defendant, Harper Realty Corporation, the owner of the equity of redemption, to dismiss, pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice, the complaint in this action to foreclose plaintiff’s $6,125 prior participating interest acquired on August 9, 1933, in a certain $10,000 mortgage, upon the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon. (Civ. Prac. Act, § 47-a.)

The complaint alleges, among other things, that Audley Construction Corp. executed and delivered, on January 16, 1929, a…