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GIORDANO v. WESTCHESTER COUNTY DEPARTMENT OF PARKS, RECREATION & CONSERVATION

32 A.D.3d 897 (2006)

821 N.Y.S.2d 242

A. ROBERT GIORDANO, Appellant, v. WESTCHESTER COUNTY DEPARTMENT OF PARKS, RECREATION & CONSERVATION, Respondent.

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

September 19, 2006.

Ordered that the order is affirmed, with costs.

Since the plaintiff failed to demonstrate that the 2003 payment in the sum of $1,890.42 was a partial payment constituting an acknowledgment of debt, of which the amount claimed in this action was a part (see Lew Morris Demolition Co. v Board of Educ. of City of N.Y., 40 N.Y.2d 516 [1976]), the applicable four-year period of limitations...

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