BRAY TERMINALS, INC. v. STEWART'S MKTG. CORP.


198 A.D.2d 700 (1993)

604 N.Y.S.2d 284

Bray Terminals, Inc., Appellant, v. Stewart's Marketing Corporation, Respondent

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

November 18, 1993


Mikoll, J.

The discrete issue before us is whether Supreme Court properly dismissed plaintiff's second cause of action as barred by the Statute of Limitations. This cause of action was for unjust enrichment based on fuel purchases made by defendant from plaintiff pursuant to a series of oral contracts where plaintiff sought to be indemnified by defendant for payment of gross receipts taxes pursuant to Tax Law...

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