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SCROFANI v. FRED-RICK HOLDING CORP.

201 A.D.2d 639 (1994)

608 N.Y.S.2d 247

Daniel R. Scrofani, Appellant, v. Fred-Rick Holding Corp. et al., Respondents

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

February 22, 1994

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The defendant Fred-Rick Holding Corp. issued a promissory note to the plaintiff on or about February 17, 1983. The note by its terms matured on June 1, 1983. In a letter dated December 4, 1984, to the plaintiff, the defendant Fred-Rick Holding Corp. set out the amount of the loan received and detailed the amount paid back. The letter concluded with the phrase "BALANCE DUE * * * ...

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