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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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.https://leagle.com/images/logo.png
April 24, 1980
April 24, 1980
Appellate Division of the Supreme Court of the State of New York, First Department.
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