The action is governed by a six-year statute of limitations, pursuant to CPLR 213[4]. Even if the mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt. However, where the acceleration occurred by virtue of the filing of a complaint, the noteholder's voluntary discontinuance of that action constitutes, as a matter of law, an affirmative act of revocation of the acceleration, absent the noteholder's express and contemporaneous statement to the contrary.
Deutsche Bank Natl. Trust Co. v. Fresca, NY Slip Op 04948 (2d Dep't August 17, 2022)
