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MARIA KANDILARIS, Appellant, v. DONALD LINDOVER, Respondent.

In this action by plaintiff to be indemnified for loss sustained as a result of being held liable as guarantor of promissory notes made by defendants decedent, the IAS Court properly dismissed the action as barred by a six-year limitations period (CPLR 213) that began to run when plaintiffs property was sold at auction in satisfaction of her liability ( see, State of New York v. Stewart's Ice Cream Co., 64 N.Y.2d 83, 88-89), and not, as plaintiff argues, when her appellate remedies were exhausted. While sanctions were properly imposed against plaintiffs attorneys, we find the amount thereof to be excessive to the extent indicated.

Concur — Ellerin, J. P., Nardelli, Rubin, Andrias and Saxe, JJ.

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KANDILARIS v. LINDOVER
(Jun 9, 1998)