Butler v. Gibbons

Order, Supreme Court, Bronx County (Hansel McGee, J.), entered on March 30, 1990, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the grounds that the statute of limitations had run, unanimously reversed, on the law, and the complaint reinstated, without costs.

Plaintiff seeks an accounting and appointment of a receiver, based on allegations that, in 1968, he and defendant Arthur Gibbons, Jr., entered into a joint venture agreement to purchase real property. According to the complaint, they further agreed that title to the properties purchased…