BERESOVSKI v. WARSZAWSKI


28 N.Y.2d 419 (1971)

Oscar Beresovski, Appellant, v. Roman Warszawski et al., Respondents.

Court of Appeals of the State of New York.

Decided May 26, 1971.


Attorney(s) appearing for the Case

Samuel Hoffman for appellant.

Morton S. Robson for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


GIBSON, J.

In this action, brought for specific performance of a stockholders' agreement, the complaint was dismissed, following a nonjury trial, on the ground that the action was barred by the 6-year Statute of Limitations applicable to an action upon a contractual obligation or liability (CPLR 213). The trial court further found that the statute had not been tolled by reason of the absence from the State of...

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