Hoctor v. Polchinski Memorials, Inc.

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, and defendant’s motion to dismiss the action is denied without prejudice to defendant raising the affirmative defense of statute of limitations at trial.

Plaintiff commenced this small claims action in 2013 seeking to recover the sum of $3,095 for an alleged breach of warranty with respect to a tombstone he had purchased from defendant. Plaintiff alleged that there were issues with the stone and the engraving thereon despite defendant’s promise that the tombstone would “last forever.” Defendant moved to dismiss…