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SPADA v. ASPEN UNIVERSITY, INC.

Index No. 656752/20. Appeal No. 15238. Case No. 2021-01549.

202 A.D.3d 494 (2022)

2022 NY Slip Op 00831

Nicholas Spada, Appellant, v. Aspen University, Inc., Respondent.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Greenbaum, Rowe, Smith & Davis LLP, New York (Judah Skoff of counsel), for appellant.

Ganfer Shore Leeds & Zauderer, LLP, New York (Steven J. Shore of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.

It is undisputed that defendant failed to repay the principal and interest on its promissory note within two years of the effective date of the note, as required by the terms of the note, and that plaintiff did not assert his claims for breach of contract and unjust enrichment within the six-year limitations period applicable to both (see CPLR 213[2]; Knobel v Shaw, 90 A.D.3d 493, 495 [1st Dept 2011]). Plaintiff argues that...

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