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Reliance Federal Savings Bank v. Altman

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 380 (N.Y. App. Div. 2000)

Opinion

Submitted December 15, 1999

February 17, 2000

In an action to foreclose a mortgage, the defendants Laurie Altman, as Trustee of the Judith Eidelkind Trust, and the Trustees of the Judith Eidelkind Trust, appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated June 23, 1999, which granted the plaintiff's motion for summary judgment and denied their cross motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against them.

Jeffrey I. Klein, White Plains, N.Y., for appellants.

Berkman, Henoch, Peterson Peddy, P.C., Garden City, N.Y. (Lisa M. Stephan and Zhanna S. Kandel of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court that this action was timely commenced. The loan documents provided that the acceleration of the mortgage debt was at the option of the mortgagee. The recovery of installments due within six years of the commencement of the instant action was not time-barred (see, Loiacono v. Goldberg, 240 A.D.2d 476 ; Pagano v. Smith, 201 A.D.2d 632, 633 ).

The appellants' remaining contentions are without merit.


Summaries of

Reliance Federal Savings Bank v. Altman

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 380 (N.Y. App. Div. 2000)
Case details for

Reliance Federal Savings Bank v. Altman

Case Details

Full title:RELIANCE FEDERAL SAVINGS BANK, Successor in Interest to SUNRISE FEDERAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 2000

Citations

269 A.D.2d 380 (N.Y. App. Div. 2000)
702 N.Y.S.2d 860

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