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PREZIOSO v. DEMCHUCK

204 A.D.2d 614 (1994)

612 N.Y.S.2d 232

Sal J. Prezioso, Respondent, v. Daniel Demchuck, Appellant. (And a Third-Party Action.)

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

May 23, 1994

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, this action to enforce the loan agreement is not barred by the Statute of Limitations. Although the action was commenced more than six years (see, CPLR 213 [2]) after the plaintiff had demanded payment of the loan, the Statute of Limitations was tolled during a portion of that period because the defendant was in military service (see, Military Law § 308; Roberts...

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