Espie v. Town of Poughkeepsie

In an action for a judgment declaring a closing agreement for the sale of real property to be null and void, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 7, 2005, as granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (5) to dismiss the first, second, and third causes of action as time-barred.

Ordered that the order is affirmed insofar as appealed from, with costs.

Unless the underlying dispute is “open to resolution through a form of proceeding for which a specific…