Sinai v. Levi

Plaintiff herein pleads two causes of action; one, a count in conversion which under New York law (Civ. Prac. Act, § 49, subd. 7) has a three-year Statute of Limitations, and a second count which plaintiff contends is a breach of contract with a six-year limitation (Civ. Prac. Act, § 48, subd. 1). In the answer defendant pleads the Statute of Limitations as a bar to both counts and further that the second count fails to state facts sufficient to constitute a cause of action. Defendant now moves under rules 106 and 107 of the Rules of Civil Practice for dismissal of the complaint on the…