Del Norte, Inc. v. Provencher

The plaintiff, Del Norte, Inc. (Del Norte), appeals an order of the Superior Court (Dalianis, J.) holding that the plaintiff’s predecessor in interest, Mundaca Investment Corporation (Mundaca), was barred by the statute of limitations from bringing an action, against the defendant, Arthur J. Provencher, on a promissory note. We reverse and remand.

In ruling on the parties’ cross-motions for summary judgment, the trial court accepted the following facts. On or about April 12, 1990, the defendant executed a $15,000 demand promissory note (the note), secured by a mortgage on real property, in…