Legal Opinion
Petito v. Piffath
New York Court of Appeals
Decided December 13, 1994PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
This case presents the question whether under General Obligations Law §§ 17-101, 17-105 (1) or §17-107 (2) (b) a stipulation settling a foreclosure action could properly be construed as a written acknowledgment of the underlying mortgage debt, a promise to pay or a part payment of that debt sufficient to revive an otherwise time-barred claim based upon the mortgage. Under the circumstances presented in this somewhat idiosyncratic case, we hold that plaintiff’s stale claim on the mortgage was not revived.
Defendant’s decedent, Ralph Peter Piffath, initially…
2Cases cited8 opinions
- General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
- Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
- Crow v. . GleasonNew York Court of Appeals · 1894
- Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
- In Re the Judicial Settlement of the Accounts of KendrickNew York Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- U.S. Bank National Ass'n v. MartinAppellate Division of the Supreme Court of the State of New York · 2016
- Saini v. Cinelli Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Nationstar Mtge., LLC v. DorsinAppellate Division of the Supreme Court of the State of New York · 2020
- Sitkiewicz v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 1998
- Costa v. Deutsche Bank National Trust Co.District Court, S.D. New York · 2017
22 more not listed; retrieve them via the Exa API.