Graham v. Welch, Roberts & Amburn, LLP
: Although, on Oct. 13, 2005, plaintiff sent the defendant-accounting firm a check for $4,296.49, expecting the firm to use it to pay plaintiff’s $4,296.49 tax debt to the State of New York, since the firm sent plaintiff an invoice on Nov. 28, 2005, showing that the firm had applied the $4,296.49 to plaintiff’s bill for accounting services, plaintiff was on notice by at least Dec. 30, 2005 – when plaintiff paid the balance shown on the invoice – that the firm had not used his $4,296.49 check to satisfy his New York tax liability. Therefore, plaintiff’s March 9, 2011 complaint was filed outside the three-year statute of limitations.
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