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RENK v. RENK

Index No. 652439/18. Appeal No. 15083. Case No. 2021-00961.

201 A.D.3d 535 (2022)

157 N.Y.S.3d 377

2022 NY Slip Op 00291

Kimberly Renk, Appellant-Respondent, v. Richard Renk, Sr., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 18, 2022.

Attorney(s) appearing for the Case

Michel O. Weisz P.A., Miami, FL (Michel O. Weisz of the bar of the State of Florida, admitted pro hac vice, of counsel), for appellant-respondent.

Akerman LLP, New York (Frederick Andrew Braunstein of counsel), for respondents-appellants.

Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

On a prior appeal, this Court held that defendant Richard Renk, Sr.'s codicil, which referred unequivocally to the oral agreement sued upon, raised issues of fact as to whether it served to revive the limitations period for plaintiff's contract claims under General Obligations Law § 17-101 (Renk v Renk, 188 A.D.3d 502, 503 [1st Dept 2020]). That holding is law of the case (Carmona...

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