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GRANT v. MARSHALL

270 A.D.2d 229 (2000)

704 N.Y.S.2d 835

SELMALEE GRANT, Also Known as SELMALEE KAUFMAN, Respondent, v. JOHN MARSHALL, Appellant.

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

Decided March 6, 2000.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly determined that issues of fact exist as to whether the defendant's May 19, 1995, payment to the plaintiff of the sum of $60,000 revived the debt and took the plaintiff's claim out of the Statute of Limitations (see, Stabulas v Brooks Piece Dye Works Corp., 111 A.D.2d 803, 804; Matter of McDonald,...

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