Opinion
April 21, 1997
In an action, inter alia, to recover on a promissory note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals (1) from a decision of the Supreme Court, Suffolk County (Stark, J.), dated March 5, 1996, and (2) as limited by his brief, from so much of an order of the same court, dated May 2, 1996, as denied his motion for summary judgment and granted that branch of the defendant's cross motion which was to dismiss, as time-barred, the cause of action on a promissory note dated April 10, 1989.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
The parties signed a promissory note dated April 10, 1989, which provided for repayment of the loan in 90 days. The plaintiff's cause of action to recover on the note accrued, and the six-year Statute of Limitations began to run, on the day after maturity (see, UCC 3-122 [a]; CPLR 213; Park Assocs. v. Crescent Park Assocs., 159 A.D.2d 460). Since the plaintiff did not commence this action until October 1995 his cause of action to recover on the April 10, 1989, note was time-barred, and the Supreme Court properly granted the defendant's cross motion to dismiss that claim.
The plaintiff is barred by the parol evidence rule from introducing evidence of an alleged oral modification of the payment date which contradicts an express term of the note (see, Gross v. Fruchter, 230 A.D.2d 710; North Fork Bank Trust Co. v Guthartz, 201 A.D.2d 712). Moreover, the plaintiff's allegations do not warrant invoking the doctrine of estoppel to preclude the defendant from pleading the Statute of Limitations (see, Kiernan v. Long Is. R.R., 209 A.D.2d 588; DeGori v. Long Is. R.R., 202 A.D.2d 549; see also, Simcuski v. Saeli, 44 N.Y.2d 442, 448-449). O'Brien, J.P., Altman, Friedmann and Krausman, JJ., concur.