Mercury Capital Corp. v. Shepherds Beach, Inc.

OPINION OF THE COURT

Marquette L. Floyd, J.

This motion by defendant Shepherds Beach, Inc. (Shepherds) seeking an order dismissing the plaintiffs complaint before the service of an answer as barred by the Statute of Limitations is considered under CPLR 3211, 214, 204 and 11 USC § 362, and is denied.

*267The defendants Oliver executed a note on December 30, 1986 in the amount of $300,000 to Eastern Federal Savings and Loan Association that was secured by a mortgage on the premises at 107 South Emerson Avenue, Montauk, New York. After a series of assignments, the plaintiff was assigned the note and…