In Mosab Construction Corp. v. Prospect Park Yeshiva, Inc., 124 A.D.3d 732 (2d Dept. 2015) the plaintiff's opposition papers did not include any writing purporting to be a written acknowledgment of the debt by the defendants. The trial court allowed the plaintiff to submit, at oral argument on the motion, a writing purporting to be such an acknowledgment. 124 A.D.3d at 734. The Second Department concluded that the writing submitted by the plaintiff neither acknowledged a debt owed to plaintiff nor reflected that defendants intended to pay the plaintiff and, accordingly, held that the trial court had properly determined that the writing did not constitute an acknowledgment under GOL 17-101 so as to restart the statute of limitations period. 124 A.D.3d at 734.