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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 23, 1986

StatusPublished

This text of 120 A.D.2d 935 (Johnson v. Gumer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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]*936Ganley 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]*936Ganley 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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Bluebook (online)

120 A.D.2d 935, 502 N.Y.S.2d 957, 1986 N.Y. App. Div. LEXIS 57020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-gumer-nyappdiv-1986.

Opinion

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