Opinion
Submitted December 15, 1999
February 17, 2000
In an action to foreclose a mortgage, the defendants Laurie Altman, as Trustee of the Judith Eidelkind Trust, and the Trustees of the Judith Eidelkind Trust, appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated June 23, 1999, which granted the plaintiff's motion for summary judgment and denied their cross motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against them.
Jeffrey I. Klein, White Plains, N.Y., for appellants.
Berkman, Henoch, Peterson Peddy, P.C., Garden City, N.Y. (Lisa M. Stephan and Zhanna S. Kandel of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that this action was timely commenced. The loan documents provided that the acceleration of the mortgage debt was at the option of the mortgagee. The recovery of installments due within six years of the commencement of the instant action was not time-barred (see, Loiacono v. Goldberg, 240 A.D.2d 476 ; Pagano v. Smith, 201 A.D.2d 632, 633 ).
The appellants' remaining contentions are without merit.