RICHMAN v. KAUFFMAN


54 A.D.2d 807 (1976)

Nathan H. Richman, Respondent, v. Ephraim J. Kauffman, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 28, 1976


On October 30, 1972, plaintiff commenced this action against defendant, his brother-in-law, to recover $5,000 on a promissory note. This note which was dated August 10, 1957 was "for expenses incurred by Nathan Richman" and provided that defendant would pay plaintiff $5,000 "on demand after Rena Snyder is paid in full". Initially, defendant raised the Statute of Limitations as an affirmative defense. The trial court dismissed the complaint on the basis of plaintiff's failure...

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