GIORDANO v. PARKS

Ordered that the order is affirmed, with costs.

Since the plaintiff failed to demonstrate that the 2003 payment in the sum of $1,890.42 was a partial payment constituting an acknowledgment of debt, of which the amount claimed in this action was a part (see Lew Morris Demolition Co. v Board of Educ. of City of N.Y., 40 NY2d 516), the applicable four-year period of limitations ( see UCC 2-725) was not tolled and the Supreme Court properly granted the defendant's motion to dismiss the complaint as time-barred ( see Lew Morris Demolition Co. v Board of Educ. of City of N.Y., supra; Stern v Stern Metals, Inc., 22 AD3d 567).

The plaintiff's remaining contentions either have been rendered academic or are without merit.