Hon Fui Hui v. East Broadway Mall, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and East Broadway’s motion for summary judgment denied.

Although the statute of limitations had run for the commencement of an action based on the breach of the original contract—as work had been completed by 1989—East Broadway’s February 22, 1994 acknowledgment reflecting the amount of debt “outstanding to Ka Hon” was sufficient to satisfy General Obligations Law § 17-101 and take this “action out of the operation of the provisions of limitations of time for commencing actions” (General…