Original mortgage was not recorded and lost. Statute of limitations to seek to record a copy of the instrument had lapsed. Lender made a demand on the borrower pursuant to the mortgage to re-execute the mortgage. Borrower refused and the lender commenced an action in equity to compel borrower to re-execute mortgage for recording. Appellate Division held the statute of limitations to compel borrower to re-execute mortgage began to run from the date of the borrower’s refusal and the claim in equity was not time-barred.
![Butler Fitzgerald & Fiveson, P.C.](https://www.bffmlaw.com/wp-content/themes/bffm/images/logo-bff.png)