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PETITO v. PIFFATH

85 N.Y.2d 1 (1994)

647 N.E.2d 732

623 N.Y.S.2d 520

Joseph Petito, Respondent, v. Alice-Mary Piffath, as Administratrix of The Estate of Ralph P. Piffath, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Horn & Horn, Huntington (Jeffrey S. Horn of counsel), for appellant.

Sharon Weintraub Dashow, Brooklyn, for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

This case presents the question whether under General Obligations Law §§ 17-101, 17-105 (1) or § 17-107 (2) (b) a stipulation settling a foreclosure action could properly be construed as a written acknowledgment of the underlying mortgage debt, a promise to pay or a part payment of that debt sufficient to revive an otherwise time-barred claim based upon the mortgage. Under the circumstances...

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