EUROGEN, INC. v. CENSOR


242 A.D.2d 513 (1997)

662 N.Y.S.2d 487

Eurogen, Inc., Appellant, v. Kalman Censor et al., Respondents

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

September 30, 1997


Plaintiff's attempt to recast its claim for goods sold and delivered as one based on dishonored checks and notes, and thereby bring into play the six-year limitations period of CPLR 213 (2) instead of the four-year period of UCC 2-725, was properly rejected by the motion court for lack of merit. Plaintiff fails to show how the damages it seeks are attributable to the notes and checks on which it relies, which were produced in discovery not in their own right but as part of...

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