Egan v. Carroll-Garfield Corp.

In this action brought to foreclose a mortgage dated July 17, 1929, the complaint alleges a default in the payment of interest on October 17, 1938. It further alleges a default in the payment of installments of principal which became due and payable pursuant to the provisions of section 1077-g of the Civil Practice Act commencing October 1, 1942, and quarterly thereafter.

The defendants move pursuant to subdivision 6 of rule 107 of the Buies of Civil Practice to dismiss the complaint upon the ground that the action is barred by the Statute of Limitations embodied in the Civil Practice Act,…