Newgold v. Woodstock Development Corp.

This is an appeal from an order of the Supreme Court at Special Term, Sullivan County, which denied defendant’s motion for summary judgment that installments of principal and interest totaling $9,500 due under a bond and mortgage were barred by the six-year Statute of Limitations (CPLR 213, subd. 4).

This action was commenced on April 17, 1964 to foreclose a real property mortgage intended to secure a debt of $10,000. The mortgage was executed on April 28, 1953 and contained the following provisions for repayment: “the sum of Ten Thousand ($10,000.00) dollars * * * to be paid Five hundred…