PICCIANO v. CONRAD


65 A.D.2d 586 (1978)

Rose Picciano, Appellant, v. Joseph H. Conrad, Respondent. (And a Third-Party Action.)

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

October 16, 1978


Order affirmed, without costs or disbursements.

On the present record the motion for summary judgment was properly granted since the claim was barred by the Statute of Limitations. The alleged partial payment of $50 (by a money order) was never "made and accepted" (see Morris Demolition Co. v Board of Educ., 40 N.Y.2d 516, 521), in that plaintiff's son returned the money order with a letter describing it as "totally unacceptable...

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