PRICE v. CELLA'S CONFECTIONS


138 A.D.2d 474 (1988)

Robert Price, Respondent, v. Cella's Confections et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 14, 1988


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

In urging that the sale on which this action is premised took place within four years of commencement of this action (see, UCC 2-725), the plaintiff relies only on the allegations of his complaint, which the defendants, by their answer, denied on information and belief. The plaintiff has failed to demonstrate that the defense is without merit (see, CPLR...

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