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BULLER v. GIORNO

28 A.D.3d 258 (2006)

813 N.Y.S.2d 394

MARK BULLER, Respondent-Appellant, v. JOHN GIORNO et al., Appellants-Respondents, et al., Defendants.

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

April 11, 2006.

Contrary to defendants-appellants' contention, the shareholders' agreement upon which the first cause of action is premised is not in its essence a contract for the sale of goods. Accordingly, plaintiff's cause for the agreement's enforcement is not subject to, and barred by, the UCC's four-year limitation period (see Richard A. Rosenblatt & Co. v. Davidge Data Sys. Corp., 295 A.D.2d 168 [2002]) but rather is timely, having been...

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