JOHNSON v. ROSE


201 A.D.2d 771 (1994)

607 N.Y.S.2d 467

Dale Johnson, Respondent, v. Grover A. Rose, Appellant

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

February 3, 1994


Mikoll, J. P.

The single issue raised on this appeal is whether this breach of contract suit was timely commenced by service of a summons and complaint on defendant on December 5, 1990. Supreme Court, on stipulated facts, found that as to the unpaid installment payments due plaintiff under the modification agreement for the years 1985 and 1986, the Statute of Limitations had not run and granted plaintiff judgment for 24

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