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Plaintiff failed to establish as a matter of law that defendants either agreed with its statement of the balance of the indebtedness or admitted to owing a lesser amount (see Herrick, Feinstein v Stamm, 297 AD2d 477, 478 [2002]). Concur — Friedman, J.E, Sweeny, McGuire, Renwick and Freedman, JJ.
Document Info
Filed Date: 12/23/2008
Precedential Status: Precedential
Modified Date: 11/1/2024