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HAWK MTN. LLC v. RAM CAPITAL GROUP LLC

Index No. 450359/18. Appeal No. 13272. Case No. 2020-02874.

192 A.D.3d 447 (2021)

144 N.Y.S.3d 18

2021 NY Slip Op 01349

Hawk Mountain LLC et al., Appellants, v. RAM Capital Group LLC, Respondent.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Diamond McCarthy LLP, New York ( Allan B. Diamond of counsel), and McDermott Will & Emery, Washington DC ( Michael B. Kimberly of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellants.

Quinn Emanuel Urquhart & Sullivan, LLP, New York ( Todd G. Beattie of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

In opposition to defendant's initial showing that the time in which to commence this action to recover a debt owed on a promissory note has expired, plaintiffs raised an issue of fact as to whether a Separation and Distribution Agreement (SDA) executed by nonparties Gigi Jordan and Raymond A. Mirra, Jr.—plaintiffs' and defendant's agents, respectively—acknowledged the debt and defendant's obligation to pay it within the meaning of General Obligations Law §...

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