UMLIC VP, LLC v. Mellace
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), dated October 1, 2004, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs contention, the Supreme Court correctly determined that the mere acceptance of a partial payment of the accelerated debt by the previous holder of the subject note was not an affirmative act revoking the acceleration and thereby halting the running of the…
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