Back O'Beyond, Inc. v. Telephonic Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Putnam County, dated April 2, 1979, which granted defendant’s motion to dismiss the complaint on the ground that the action was barred by the applicable Statute of Limitations. Order reversed, with $50 costs and disbursements, and the matter is remitted to Special Term for an immediate trial pursuant to CPLR 3211 (subd [c]) in accordance herewith. The record is insufficient to permit us to determine whether the parties’ contract is in essence one for "services”, and accordingly…
2Cases cited6 opinions
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.New York Court of Appeals · 1974
- Ben Construction Corp. v. VentreAppellate Division of the Supreme Court of the State of New York · 1965
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Consolidated Edison Co. of New York, Inc. v. Westinghouse Electric Corp.District Court, S.D. New York · 1983
- Conopco, Inc. v. McCreadieDistrict Court, D. New Jersey · 1993
- Farm Automation Corp. v. SenterAppellate Division of the Supreme Court of the State of New York · 1981
- Stewart v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Buffalo Municipal Housing Authority v. Eljo Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
2 more not listed; retrieve them via the Exa API.