Empire Purveyors, Inc. v. Weinberg

Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered August 20, 2008, after a nonjury trial in an action to collect on two promissory notes, in favor of defen*509dant, and bringing up for review an order, same court and Justice, entered February 26, 2008, which granted defendant’s motion for leave to amend the answer, unanimously affirmed, without costs.

The trial court’s determination, that plaintiffs failed to demonstrate that the applicable six-year statute of limitations (CPLR 213 [2]) was tolled on the basis that the inflated invoice payments defendant made were referable…