Opinion
15220 Index No. 651547/20 Case No. 2021–01987
02-03-2022
MB MODA BORSE S.R.L., Plaintiff–Appellant, v. Lana MARKS et al., Defendants–Respondents.
Fox Horan & Camerini LLP, New York (Jami L. Mevorah of counsel), for appellant. Jason Levine, New York, for respondent.
Fox Horan & Camerini LLP, New York (Jami L. Mevorah of counsel), for appellant.
Jason Levine, New York, for respondent.
Manzanet–Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.
Order, Supreme Court, New York County (Alan C. Marin, J.), entered on or about October 30, 2020, which, to the extent appealed from as limited by the briefs, granted defendants’ cross motion under CPLR 3211(a)(5) to dismiss the action as time-barred, unanimously reversed, on the law, without costs, the cross motion denied, and the complaint reinstated.
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, 144 N.Y.S.3d 18 [1st Dept. 2021] ; Renk v. Renk, 188 A.D.3d 502, 503, 135 N.Y.S.3d 391 [1st Dept. 2020] ).