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Re: Can someone explain this to me ??

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Posted by nachomama ( on November 02, 2003 at 21:43:33:

In Reply to: Re: Can someone explain this to me ?? posted by Why Chat on November 02, 2003 at 21:12:18:

I found this on your web site.. Could I use this in a SOL letter?? or should I use the FL. Statute?
or both..

New York Codes & Regs

The Following Information Is NOT in general use, but is MY OWN interpretation of the NY UCC code. It may be POSSIBLE to use a 4 year SOL for a STORE charge account.


9-109. Classification of Goods: "Consumer Goods";

Goods are

(1) "consumer goods" if they are used or bought for use primarily for personal, family or household purposes;

4 Years- Sale Of Goods

Section 2--725. Statute of Limitations in Contracts for Sale.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

17-101. Acknowledgment or new promise must be in writing. An acknowledgment or promise contained in a writing signed by the party to be charged thereby is the only competent evidence of a new or continuing contract whereby to take an action out of the operation of the provisions of limitations of time for commencing actions under the civil practice
law and rules other than an action for the recovery of real property. This section does not alter the effect of a payment of principal or interest.

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