EMPIRE PURVEYORS, INC. v. WEINBERG

1177, 603282/06.

66 A.D.3d 508 (2009)

885 N.Y.S.2d 905

2009 NY Slip Op 7336

EMPIRE PURVEYORS, INC., et al., Appellants, v. EILEEN DIANE WEINBERG, Respondent.

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

Decided October 15, 2009.


The trial court's determination, that plaintiffs failed to demonstrate that the applicable six-year statute of limitations (CPLR 213 [2]) was tolled on the basis that the inflated invoice payments defendant made were referable to the subject notes or that they amounted to a clearly demonstrated intention by defendant to pay the balance on the notes (see Bernstein v Kaplan, 67 A.D.2d 897, 898 [1979]), was supported by a fair interpretation...

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