Mills v. O'Donnell

Appeal from an order of the Supreme Court (Williams, J.), entered December 12, 1990 in Sullivan County, which, inter alia, granted defendant’s motion for summary judgment dismissing the amended complaint as time barred.

The determinative issue on this appeal is whether Supreme Court correctly dismissed plaintiff’s amended complaint as untimely. The underlying facts are not seriously disputed. In early February 1982, plaintiff purchased from defendant an 80% interest in a thoroughbred stallion named "Dressage” for *693$20,000. Defendant retained a 20% interest. The stallion, which was purchased for…