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MATHIAS & CARR, INC. v. MANGINI

13 A.D.3d 148 (2004)

787 N.Y.S.2d 229

MATHIAS & CARR, INC., et al., Appellants, v. JOSEPH MANGINI et al., Respondents.

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

December 14, 2004.

The action was properly dismissed as against Mangini since plaintiffs failed to demonstrate that said defendant made payments within six years of the commencement of the action (CPLR 213). The action was properly dismissed as against Pricomm, Essential's alleged successor and plaintiffs' tenant and business associate, in the absence of a writing showing that Pricomm had agreed with plaintiffs to assume Essential's debt on the notes (see General Obligations Law §...

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