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Valdes v. Atlantic Steamer Fire Co., No. 1

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1986
120 A.D.2d 661 (N.Y. App. Div. 1986)

Opinion

May 19, 1986

Appeal from the Supreme Court, Kings County (Schneier, J.).


Order reversed insofar as appealed from, on the law, with costs, motion granted, and complaint dismissed insofar as it is asserted against it.

In this action, the plaintiff seeks to recover the principal and interest due on a number of bonds, each with a face value of $100, allegedly issued for the purpose of erecting a fire house by the predecessors of the defendants, the Atlantic Steamer Fire Company, No. 1, and the Oyster Bay Fire Company No. 1, on April 1, 1918, and due and payable on April 1, 1933. An action to recover on a bond must be commenced within 20 years after the cause of action accrues (CPLR 211). A cause of action against the maker of a time instrument such as those at bar accrues on the day after maturity (UCC 3-109 [a]; 3-122 [1] [a]). The instant action was commenced on June 8, 1983, more than 50 years after the maturity date of the bonds and the accrual of the cause of action, and accordingly is time barred. Gibbons, J.P., Brown, Weinstein and Lawrence, JJ., concur.


Summaries of

Valdes v. Atlantic Steamer Fire Co., No. 1

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1986
120 A.D.2d 661 (N.Y. App. Div. 1986)
Case details for

Valdes v. Atlantic Steamer Fire Co., No. 1

Case Details

Full title:JOHN VALDES, Respondent, v. ATLANTIC STEAMER FIRE COMPANY, NO. 1…

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

Date published: May 19, 1986

Citations

120 A.D.2d 661 (N.Y. App. Div. 1986)

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