ATLANTIC NATIONAL TRUST LLC v. SILVER


9 A.D.3d 321 (2004)

781 N.Y.S.2d 317

ATLANTIC NATIONAL TRUST LLC, Respondent, v. PERRY D. SILVER, Appellant.

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

July 22, 2004.


The motion court correctly held that the letter dated December 30, 1993, authored by the servicing agent for the loan and signed by defendant borrower, constituted an acknowledgment of defendant's debt, within the meaning of General Obligations Law § 17-101, that restarted the statute of limitations. The letter explicitly refers to the loan, its June 1, 1993 maturity date and plaintiff's entitlement to immediate payment of the entire principal balance and accrued interest...

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