Order unanimously reversed, with costs; motion granted and complaint dismissed.
Memorandum:
Plaintiff's complaint alleges the sale to defendant on May 3, 1973 of various quantities and kinds of roof repairing materials; that the materials had a value of $3,227.67, of which $750 was paid; and demands judgment for the unpaid balance, with interest from May 3, 1973. This action was commenced on December 5, 1977. Defendant moved pursuant to CPLR 3211 (subd [a...
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