Cassata v. Cassata

Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: We affirm Special Term’s grant of summary judgment dismissing the first and second counterclaims in defendants’ answer. Any claim predicated upon breach of the agreement allegedly made in 1970 clearly was time barred. We conclude, however, that the court erred in dismissing the second, third and fourth causes of action of the complaint in their entirety.

Plaintiff and the individual defendant are brothers. In 1970, plaintiff was employed by the corporate…