In contrast, these cases hold that the statute of limitations commences upon creditor election to enforce debt. American Jet Leasing v. Flight Am., Inc. , 537 F.Supp. 745, 748 (D. Va. W.D. 1982) ; Chase Nat’l Bank of New York v. Burg , 32 F.Supp. 230, 233 (D. Minn. 1940) ; Village of Filley v. Setzer , 22 Neb.App. 575, 858 N.W.2d 258, 265 (2014) ; Wurzler v. Clifford , 36 N.Y.S.2d 516, 518 (N.Y. Sup. Ct. 1942) ; Town of Farmville v. Paylor , 208 N.C. 106, 179 S.E. 459, 461 (1935) ; Mayor and Aldermen of Morristown v. Davis , 172 Tenn. 159, 110 S.W.2d 337, 341 (1937). [¶ 18.]
Summary judgment is proper if the pleadings and admissible evidence offered at the hearing show that there is no genuine issue as to any material facts or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. Village of Filley v. Setzer, 22 Neb.App. 575, 858 N.W.2d 258 (2014).