HUI v. EAST BROADWAY MALL, INC.


4 N.Y.3d 790 (2005)

828 N.E.2d 73

795 N.Y.S.2d 157

HON FUI HUI, Appellant, v. EAST BROADWAY MALL, INC., Respondent.

Court of Appeals of the State of New York.

Decided February 22, 2005.


Attorney(s) appearing for the Case

Morton S. Minsley, New York City, for appellant.

Gartner, Bloom & Greiper, P.C., New York City (Arthur P. Xanthos of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and East Broadway's motion for summary judgment denied.

Although the statute of limitations had run for the commencement of an action based on the breach of the original contract—as work had been completed by 1989—East Broadway's February 22, 1994 acknowledgment reflecting the amount of debt "outstanding to Ka Hon" was sufficient to...

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