Cornell University v. Roth

Cornell University appeals from a judgment dismissing its complaint alleging nonpayment of promissory notes. The issues 1 are whether the trial court’s finding that Norman Roth’s student deferment ended June, 1978 is clearly erroneous and whether the trial court erred by concluding that the statute of limitations 2 barred Cornell’s cause of action against Roth. Although we defer to the trial court’s factual determination as to the date the statute of limitations began to run, we conclude that Roth’s subsequent payments tolled and recommenced the statutory time period for bringing this action.…