Utica Mutual Insurance v. Knox

—Appeal from an order of the Supreme Court at Special Term, entered October 20, 1978 in Albany County, which denied in part and granted in part a motion to dismiss the cause of action as barred by the Statute of Limitations. The issue before the court is whether an action on mortgage installments coming due within six years of the commencement of a foreclosure action is barred by CPLR 213. It is appellant’s contention that once he failed to pay an installment due on the mortgage the entire amount became due and the Statute of Limitations began to run. Appellant has not paid any installments…