Flynn v. Flynn

Ellerin, J. P.,

dissents in a memorandum as follows: Because I find that defendant met her burden of demonstrating that plaintiff’s payments in 1982 were paid and accepted as partial payment of the antecedent debt and that they were accompanied by circumstances amounting to an absolute and unqualified acknowledgement by the debtor of more being due, I would find that no portion of the within action was time barred and would remand for a further hearing.

The evidence at the hearing before the Referee in this case demonstrated that, in 1982, within the statutory period, plain*53tiff made certain…