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PERSICO OIL CO. v. LEVY

64 Misc.2d 1091 (1970)

Persico Oil Co., Inc., Plaintiff, v. Evelyn Levy, Defendant.

Supreme Court, Special Term, Albany County.

December 2, 1970

Attorney(s) appearing for the Case

Manes, Sturim, Roth & Fisher for defendant. John J. Biscone for plaintiff.

A. FRANKLIN MAHONEY, J.

Defendant moves to dismiss the complaint on the ground that the cause of action is time-barred. The defense of the Statute of Limitations (CPLR 213) was affirmatively pleaded in the answer. The complaint states a cause of action in contract.

The motion must be granted.

The plaintiff is not seeking to recover the value of the goods sold and delivered to the defendant between April 1, 1960 and

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