Greenpoint Savings Bank v. Kijik
Opinion of the Court
In Allerwan Co. v Hermann (262 NY 625), the Court of Appeals held that a second mortgagee’s claim to surplus money was time-barred under the then-existing statute of limitations governing an action on a bond or mortgage. Similarly here, because the respondent moved to obtain the surplus money more than six years after the appellant defaulted on the second mortgage (see CPLR 213 [4]), its claim is time-barred (see Allerwan Co. v Hermann, supra, but see Dime Sav. Bank of N.Y. v Boklan, 1989 WL 35946 [ED NY]). Altman, J.P., S. Miller, McGinity and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.