Scrofani v. Fred-Rick Holding Corp.

In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), entered August 9, 1991, which granted the defendants’ motion to dismiss the complaint as barred by the applicable Statute of Limitations.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The defendant Fred-Rick Holding Corp. issued a promissory note to the plaintiff on or about February 17, 1983. The note by its terms matured on June 1, 1983. In a letter dated December 4, 1984, to the plaintiff, the defendant Fred-Rick…