159 A.D.2d 890 | N.Y. App. Div. | 1990
On appeal, defendants claim that there were additional loans to the corporation and repayments by the corporation to O’Hara subsequent to January 1981, which would remove the Statute of Limitations problem. The record, however, supports Supreme Court’s finding of no repayments, as well as its findings that all of the loans covered by the note and mortgage occurred during the period 1970 to 1980 and that the loans were demand obligations. The claim that there was a mutual or open running account between the corporation and O’Hara is also unsupported by the record, as found by Supreme Court, since there was no evidence of offsetting claims or mutual debits and credits (see, Donahue-Halverson, Inc. v Wissing Constr. & Bldg. Servs. Corp., 95 AD2d 953). Nor do we find any merit in defendants’ claim that plaintiffs should be estopped from asserting the Statute of Limitations as a defense. Assuming that plaintiffs could be estopped from asserting a defense on behalf of the corporation (see, Evangelista v Longo, 13 AD2d 835), we find insufficient evidence of any
Judgment affirmed, with costs. Mahoney, P. J., Kane, Casey, Levine and Mercure, JJ., concur.