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VOGELSANG v. McQUESTION

136 Misc.2d 176 (1987)

Clifford G. Vogelsang, Plaintiff, v. Harold McQuestion et al., Defendants.

Supreme Court, Erie County.

July 10, 1987

Attorney(s) appearing for the Case

Magavern & Magavern (Cheryl Smith Fisher of counsel), for Harold McQuestion, defendant. Brown & Kelly (Judith Treger Shelton of counsel), for plaintiff.

THOMAS F. McGOWAN, J.

Defendant Harold McQuestion (McQuestion) moves for preanswer dismissal on the grounds that this action is time barred by the six-year Statute of Limitations pursuant to CPLR 213 (2).

Plaintiff commenced this suit against the defendant McQuestion on March 9, 1987 for breach of a construction agreement between plaintiff and defendant McQuestion executed on October 22, 1979. The contract covered certain improvements to plaintiff...

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