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LONG v. SOWANDE

27 A.D.3d 247 (2006)

810 N.Y.S.2d 195

CARLTON LONG, Plaintiff, v. BEVERLY FOLASADE SOWANDE et al., Respondents, and U-HAUL COMPANY OF PARK SLOPE et al., Appellants, et al., Defendant.

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

March 7, 2006.

Contrary to U-Haul's argument, the Sowande defendants' first cross claim is for breach of contract, not breach of bailment (see e.g. Ross v Tuck-It-Away, Inc., 180 A.D.2d 428, 429 [1992]). Inasmuch as the applicable statutory period is six years (see CPLR 213 [2]; Baratta v Kozlowski, 94 A.D.2d 454, 463 [1983]), the cross claim is timely.

The Sowande defendants' second cross...

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