Grant v, Marshall

In Grant v, Marshall, 307 A.D.2d 274 (2d Dept. 2003), lv. app. den., 1 N.Y.3d 505 (2004), the Second Department addressed the timeliness of an action commenced on February 9, 1999 to recover on a demand note executed by the defendant on October 13, 1989. Id. The Second Department affirmed the trial court's judgment in favor of plaintiff holding that, while the cause of action to recover on the note accrued on the date that the defendant signed the demand note, the action was not barred by the six-year statute of limitations because the defendant's partial payment on the note made in May 1995 started the statute of limitations running anew. Id.