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HANOVER INS. CO. v. AMANA REFRIGERATION, INC.

No. 9116SC372.

415 S.E.2d 99 (1992)

106 N.C. App. 79

The HANOVER INSURANCE COMPANY, Subrogee of Zimp Atkinson, Plaintiff, v. AMANA REFRIGERATION, INC., Defendant.

Court of Appeals of North Carolina.

April 7, 1992.

Attorney(s) appearing for the Case

Bailey & Dixon, by Gary S. Parsons and David S. Coats, Raleigh, and Huggins & Pounds, by Dallas M. Pounds, Lumberton, for plaintiff appellant.

McLeod, Senter & Hockman, P.A., by William L. Senter, Fayetteville, for defendant appellee.

WALKER, Judge.

In its first assignment of error, plaintiff contends its claim is not barred by the statute of limitations for two reasons: (1) Rule 4(j2)(2), N.C. Rules of Civil Procedure, allowed plaintiff an additional sixty days after the action was dismissed within which to file a new action; and (2) the appropriate statute of limitations applicable to this action was the four-year limitation period for Uniform Commercial Code (UCC) actions and not the three-year...

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