Bray Terminals, Inc. v. Transport Oil Co.

Appeal from an order of the Supreme Court (Harris, J.), entered June 11, 1991 in *939Albany County, which granted defendant’s motion to dismiss the complaint as time barred.

In 1981, plaintiff and defendant entered into an oral contract whereby plaintiff agreed to supply and defendant agreed to purchase certain petroleum products. Under the parties’ contract, the terms of which are not in dispute, defendant also agreed to pay all applicable taxes to plaintiff upon its sale and delivery of the petroleum products. Between July 1, 1981 and June 20, 1983, plaintiff delivered and defendant accepted the…