Legal Opinion

Giordano v. Westchester County Department of Parks, Recreation & Conservation

Appellate Division of the Supreme Court of the State of New York

Decided September 19, 2006PublishedCited by 5 opinions

1Opinion of the Court

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*898ing an acknowledgment of debt, of which the…

2Cases cited2 opinions

  1. Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
  2. Stern v. Stern Metals, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. U.S. Bank National Ass'n v. MartinAppellate Division of the Supreme Court of the State of New York · 2016
  2. HSBC Bank USA, N.A. v. FrancisAppellate Division of the Supreme Court of the State of New York · 2023
  3. Alarmax Distributors, Inc. v. New Canaan Alarm Co.Connecticut Appellate Court · 2013
  4. Giordano v. Valhalla Heating PlantAppellate Division of the Supreme Court of the State of New York · 2006
  5. Zelby Holdings, Inc. v. VideogeniX, Inc.Massachusetts Appeals Court · 2017

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