You are here: / / Email Acknowledging Debt Raised Question of Fact About Whether Period of...
,

Email Acknowledging Debt Raised Question of Fact About Whether Period of Limitations Was Restarted by the Email

The Second Department determined an e-mail acknowledging plaintiff’s entitlement to a commission raised a triable issue of fact about whether the statute of limitations was restarted:

The defendants made a prima facie showing that the applicable six-year statute of limitations expired before the plaintiff commenced this action (see CPLR 213…). In opposition, however, the plaintiff raised a triable issue of fact as to whether an email message, purportedly sent by the defendant …, acknowledged the plaintiff’s entitlement to a brokerage commission and demonstrated the defendants’ intent to pay it, thus restarting the statute of limitations (see General Obligations Law § 17-101…). ” Whether a purported acknowledgment is sufficient to restart the running of a period of limitations depends on the circumstances of the individual case'” … . Here, a trial is necessary to resolve this issue. Georg Tsunis Real Estate Inc v Benedict, 2014 NY Slip Op 02899, 2nd Dept 4-30-14

 

You might also like
THE PLAINTIFF-STUDENT FOOTBALL PLAYER DID NOT ASSUME THE RISK OF INJURY IN A FOOTBALL-RELATED WEIGHT-LIFTING SESSION; THE RISK OF A WEIGHT-LIFTING INJURY IS NOT INHERENT IN THE GAME OF FOOTBALL (SECOND DEPT).
THE JUVENILE DELINQUENCY ADJUDICATION WAS AFFIRMED; TWO DISSENTERS ARGUED THE PROOF THE JUVENILE KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY WAIVED HIS MIRANDA RIGHTS WAS INSUFFICIENT (SECOND DEPT).
AMENDMENT TO STATUTE CHANGING THE LIMITATIONS PERIOD FOR ACTION ON A PAYMENT BOND DID NOT APPLY RETROACTIVELY, CRITERIA EXPLAINED.
ALTHOUGH MOTHER WAS GENERALLY AWARE FATHER HAD MOVED TO DELAWARE, FATHER DID NOT SPECIFY AN AGENT FOR SERVICE AS REQUIRED BY THE FAMILY COURT ACT; THEREFORE SERVICE OF MOTHER’S OBJECTIONS TO THE SUPPORT MAGISTRATE’S ORDER AT FATHER’S LAST KNOWN ADDRESS WAS PROPER (SECOND DEPT).
Criteria for Area Zoning Variance and Court Review of Local Variance Proceedings Explained
EXTENSION OF A LEASE WITH A MUNICIPALITY WAS RATIFIED BY THE MUNICIPALITY’S ACCEPTANCE OF RENT PAYMENTS (SECOND DEPT).
MOTION TO COMPEL ACCEPTANCE OF A LATE ANSWER SHOULD HAVE BEEN GRANTED (SECOND DEPT).
CONDITIONAL ORDER DID NOT MEET THE NOTICE REQUIREMENTS OF CPLR 3216, FORECLOSURE ACTION SHOULD NOT HAVE BEEN ADMINISTRATIVELY DISMISSED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Demand for Jury Trial Properly Struck/Rescission Was Core of Action and Cou... Court May Not Deny a Dispositive Motion on a Ground Not Raised by the Parties/Assumption...