July 8, 2021

CPLR 213[4].

An action to foreclose a mortgage is subject to a six-year statute of limitations which begins to run on the entire debt once the debt is accelerated. Where the maturity of the debt has been validly accelerated by commencement of a foreclosure action, the noteholder's voluntary withdrawal of that action revokes the election to accelerate, absent the noteholder's contemporaneous statement to the contrary.

21st Mtge. Corp. v. Rivera, NY Slip Op 04116 (2d Dep't June 30, 2021)

Here is the decision.