EBRAHIMI v. RAHMANAN


170 A.D.2d 302 (1991)

Hassan A. Ebrahimi, Appellant, v. Mansour Rahmanan, Respondent

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

February 19, 1991


We agree with the IAS court that the relationship between the parties, as set forth in the 1979 contract and the series of security agreements, was in the nature of a "sale or return", governed by UCC 2-326, and the complaint was thus barred by the 4-year Statute of Limitations (UCC 2-725). The brief and transitory references to "partnership" and "common [bank] account" in the more crudely translated version of the contract proffered by plaintiff do not alter the consignment...

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