Bray Terminals, Inc. v. Stewart's Marketing Corp.

Appeal from an order of the Supreme Court (Dier, J.), entered December 4, 1992 in Warren County, which granted defendant’s motion for summary judgment dismissing the complaint.

The discrete issue before us is whether Supreme Court properly dismissed plaintiffs second cause of action as barred by the Statute of Limitations. This cause of action was for unjust enrichment based on fuel purchases made by defendant from plaintiff pursuant to a series of oral contracts where plaintiff sought to be indemnified by defendant for payment of *701gross receipts taxes pursuant to Tax Law § 182-a on the oil…