Johnson v. Gumer

Appellate Division of the Supreme Court of New York

Johnson v. Gumer

120 A.D.2d 935, 502 N.Y.S.2d 957, 1986 N.Y. App. Div. LEXIS 57020

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1986·Published

Opinion

— Order unanimously affirmed, without costs. Memorandum: Special Term properly denied defendant’s motion for summary judgment dismissing the complaint as barred by the Statute of Limitations. We agree with plaintiffs that as to the cause of action for breach of contract, the six-year Statute of Limitations controls (see,

[936] Ganley v Troy City Natl. Bank, 98 NY 487, 494-495; Baratta v Kozlowski, 94 AD2d 454, 460-463). Defendant has failed to show, therefore, that the action was untimely commenced. (Appeals from order of Supreme Court, Orleans County, Fritsch, J. — summary judgment.) Present — Callahan, J. P., Doerr, Denman, Boomer and Pine, JJ.

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— Order unanimously affirmed, without costs. Memorandum: Special Term properly denied defendant’s motion for summary judgment dismissing the complaint as barred by the Statute of Limitations. We agree with plaintiffs that as to the cause of action for breach of contract, the six-year Statute of Limitations controls (see,

[936] Ganley v Troy City Natl. Bank, 98 NY 487, 494-495; Baratta v Kozlowski, 94 AD2d 454, 460-463). Defendant has failed to show, therefore, that the action was untimely commenced. (Appeals from order of Supreme Court, Orleans County, Fritsch, J. — summary judgment.) Present — Callahan, J. P., Doerr, Denman, Boomer and Pine, JJ.

Johnson v. Gumer, 120 A.D.2d 935, 502 N.Y.S.2d 957, 1986 N.Y. App. Div. LEXIS 57020 (N.Y. Ct. App. 1986).

Pincite

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Opinion

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