MOBIL OIL CORP. v. PENNA


139 A.D.2d 501 (1988)

Mobil Oil Corporation, Respondent, v. Anthony Penna, Appellant

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

April 4, 1988


Ordered that the order is affirmed, with costs.

The plaintiff, a gasoline distributor, commenced this action against the defendant, a retailer, to recover payments allegedly due for gasoline delivered to the defendant pursuant to an agreement. The initial delivery involved in this action occurred on August 28, 1982. Despite the defendant's contentions to the contrary, the four-year Statute of Limitations had not yet expired when the plaintiff served its summons and...

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