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JACK ERLICHMAN, appellant, v. ANTHONY M. VENTURA, et al., respondents, et al., defendants.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action eight years after the defendant Anthony M. Ventura defaulted on his mortgage payments and, accordingly, beyond the expiration of the applicable six-year Statute of Limitations. There is no evidence that the Ventura's promises to pay were intended to lull the plaintiff into inactivity until after the expiration of the Statute of Limitations, giving rise to an estoppel (see, Bennett v. Metro-North Commuter R.R., 231 A.D.2d 662 ; Kiernan v. Long Island R.R., 209 A.D.2d 588; Terry v. Long Island R.R., 207 A.D.2d 881 ; Degori v. Long Island R.R., 202 A.D.2d 549 ). Further, the listing of the debt on Ventura's bankruptcy petition did not constitute written acknowledgment of the debt with the intent to pay so as to remove any Statute of Limitations bar to recovery (see, Filigree Films, Inc. Pension Plan v. CBC Realty Corp., 229 A.D.2d 862 ; see also,Estate of Vengroski v. Garden Inn, 114 A.D.2d 927 ).

The plaintiff's remaining contention is unpreserved for appellate review and, in any event, without merit.

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ERLICHMAN v. VENTURA
(Apr 13, 2000)