Opinion
December 22, 1986
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the judgment and order are affirmed, with one bill of costs.
The plaintiff met his burden of proving that he had made several loans to the defendant corporation which had been only partially repaid. In addition, the plaintiff met his burden of proof in establishing, by notations on checks payable to him, and through his own testimony, that partial payments made to him by the defendant, representing interest and principal, were sufficient to remove the case from the operation of the Statute of Limitations (see, General Obligations Law § 17-101; Mills v Davis, 113 N.Y. 243, 247; Bernstein v. Kaplan, 67 A.D.2d 897, 898; cf. Matter of Hall, 144 Misc. 616, 618-619). Further, the plaintiff's claim was not unenforceable under the Statute of Frauds, since, by their terms, the loan agreements between the parties were open-ended, with no set time for repayment (see, High v. Pritzker, 58 N.Y.S.2d 706, affd 269 App. Div. 1015). Finally, the trial court properly dismissed the defendant's counterclaim for failure of proof. Mangano, J.P., Bracken, Niehoff and Spatt, JJ., concur.