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MB MODA BORSE S.R.L. v. MARKS

Index No. 651547/20. Appeal No. 15220. Case No. 2021-01987.

202 A.D.3d 441 (2022)

158 N.Y.S.3d 572

2022 NY Slip Op 00729

MB Moda Borse S.R.L., Appellant, v. Lana Marks et al., Respondents.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Fox Horan & Camerini LLP, New York (Jami L. Mevorah of counsel), for appellant.

Jason Levine, New York, for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

The record presents an issue of fact as to whether defendants' March 27, 2015 email acknowledged a debt and the obligation to pay it within the meaning of General Obligations Law § 17-101, thus taking the action outside the statute of limitations (see Hawk Mtn. LLC v RAM Capital Group LLC, 192 A.D.3d 447, 448 [1st Dept 2021]; Renk v Renk, 188 A.D.3d 502, 503 [1st...

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