Morton Buildings, Inc. v. Edson

Full title: MORTON BUILDINGS, INC., Appellant, v. LEWIS EDSON, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 11, 1998

250 A.D.2d 657 (N.Y. App. Div. 1998)

671 N.Y.S.2d 690

Opinion

May 11, 1998

Appeal from the Supreme Court, Suffolk County (Hall, J.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.,

The parties' conflicting allegations as to the content of their agreement raise a triable issue of fact ( see, CPLR 3212 [b]) as to whether the agreement was predominantly for the sale of goods ( see, UCC 2-725 ; Franklin Nursing Home v. Power Cooling, 227 A.D.2d 374), and accordingly whether the four-year Statute of Limitations applies. We note that no copy of the agreement was included in the record on appeal and the parties have not made clear whether the agreement was ever reduced to a writing.

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.