Heller v. Sheftman

This action was brought upon a bond executed by defendants in connection with a building loan agreement secured by a mortgage upon real property. There is no dispute that the cause of action thereon accrued no later than December 4,1937.

*953The defendant Greenfield moves for summary judgment, asserting that the cause of action is barred by expiration of the time limitation prescribed in section 47-a of the Civil Practice Act, as an action “ upon a bond, the payment of which is secured by a mortgage upon real property ”. Plaintiffs oppose the motion upon the ground that this is “ an action upon a…