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CADLEROCK JOINT VENTURE II, LP v. DIAB

18 A.D.3d 413 (2005)

793 N.Y.S.2d 774

CADLEROCK JOINT VENTURE II, LP, Appellant, v. FELIPE E. DIAB, Defendant, and PEDRO TATARIAN et al., Respondents.

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

May 2, 2005.

Ordered that the order is affirmed insofar as reviewed, with costs.

In response to the plaintiff's prima facie showing that the operation of the applicable statute of limitations was tolled and restarted by payments made subsequent to what would have been its usual expiration date (see Grant v Marshall, 307 A.D.2d 274 [2003]), the defendant Gaspar Tatarian raised a triable issue of fact as to whether or not those payments...

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