The defendant brought a motion for summary judgment, arguing the plaintiff's action on a $138,000 promissory note was statute-barred.
The central issue was whether the plaintiff made a clear demand for payment in 2012, which would have triggered the limitation period.
The court found that determining when a demand was made required assessing credibility, which could not be fairly done on a paper record or through a mini-trial.
The motion for summary judgment was dismissed, and the matter was ordered to proceed to trial.
