LIPPE v. FINLEY


75 A.D.2d 558 (1980)

Alan Lippe, Appellant, v. Larry Finley, Respondent

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

April 24, 1980


In this action to recover on a 1969 promissory note plaintiff swears that in 1973 defendant made a partial payment on account of the note and in acknowledgment thereof, thus removing the bar of the six-year Statute of Limitations. Defendant categorically denies making any such payment or promise. Rather than impel Special Term to direct a reference the presence of this fact issue required it to deny defendant's motion forthwith. (Southern Assoc. v United Brands Co.

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