Giordano v. Westchester Cnty. Dep't of Parks, Rec. & Conservation, 32 A.D.3d 897 (N.Y. App. Div. 2006). · Go Syfert
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Giordano v. Westchester Cnty. Dep't of Parks, Rec. & Conservation, 32 A.D.3d 897 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …supreme court properly granted the defendant's motion to dismiss the complaint, and properly denied the plaintiff's cross motion ⚠ not in text
7 citation events (7 in the last 25 years) across 3 distinct courts.
Strongest positive: Zelby Holdings, Inc. v. VideogeniX, Inc. (massappct, 2017-08-18)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Zelby Holdings, Inc. v. VideogeniX, Inc.
Mass. App. Ct. · 2017 · confidence medium
Bank v. Modi Assocs., 668 N.Y.S.2d 819, 820 (1998); Giordano v. Westchester County Dept. of Parks, Recreation & Conservation, 821 N.Y.S.2d 242, 243 (2006); CPB Intl., Inc. v. Federal Labs.
discussed Cited as authority (rule) U.S. Bank National Ass'n v. Martin
N.Y. App. Div. · 2016 · confidence medium
Here, because the plaintiff asserts that the payment was made as a condition to receiving an extension of a bankruptcy stay, the payment did not constitute an unqualified acknowledgment of the debt or manifest a promise to pay the remainder (see Petito v Piffath, 85 NY2d 1, 9 [1994]; Lew Morris Demolition Co., 40 NY2d at 521 ; Giordano v Westchester County Dept. of Parks, Recreation & Conservation, 32 AD3d 897, 898 [2006]).
discussed Cited "see, e.g." Alarmax Distributors, Inc. v. New Canaan Alarm Co.
Conn. App. Ct. · 2013 · signal: see also · confidence low
Id., 296; see also Giordano v. Westchester County Dept. of Parks Recreation & Conservation, 32 App. Div. 3d 897, 898, 821 N.Y.S.2d 242 (2006) (considering whether UCC § 2-725 was tolled by defendant’s partial payment, although concluding plaintiff failed to demonstrate payment constituted acknowledgment of debt); Beckmire v. Ristokrat Clay Products Co., 36 Ill.
Retrieving the full opinion text from the archive…
A. Robert Giordano
v.
Westchester County Department of Parks, Recreation & Conservation
Appellate Division of the Supreme Court of the State of New York.
Sep 19, 2006.
32 A.D.3d 897
Cited by 5 opinions  |  Published

In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), dated August 22, 2005, which granted the defendant’s motion to dismiss the complaint as time-barred and denied his cross motion for leave to amend the caption and the complaint, and to consolidate the action with other actions.

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 constituí[*898] ing 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 NY2d 516 [1976]), the applicable four-year period of limitations (see UCC 2-725) was not tolled and the Supreme Court properly granted the defendant’s motion to dismiss the complaint as time-barred (see Lew Morris Demolition Co. v Board of Educ. of City of N.Y., supra; Stern v Stern Metals, Inc., 22 AD3d 567 [2005]).

The plaintiff’s remaining contentions either have been rendered academic or are without merit. Prudenti, P.J., Adams, Rivera and Lifson, JJ., concur.