Chiu v. 1-9 Bond Street Realty, Inc.

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered December 11, 2009, which denied defendants’ motion to dismiss the complaint and granted their alternative request to remove the action to Civil Court, and denied plaintiffs cross motion for summary judgment, unanimously affirmed, without costs.

Defendants argue that this action to recover on a promissory note is time-barred because it was not commenced within six years after the note’s end date (CPLR 213 [2]). However, defendant 1-9 Bond Street Realty, the obligor, made regular monthly installment payments after the end…