Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Dillon, P.J., Doerr, Green, Pine and Lawton, JJ.
Order unanimously reversed on the law without costs, and defendants' motion denied. Memorandum: Special Term erred in granting defendants' motion to dismiss plaintiff's complaint pursuant to Partnership Law § 74 on the ground that it was barred by the Statute of Limitations (CPLR 3211 [a] [5]). There is an issue of fact when, if ever, the partnership was dissolved, and thus, when, if ever, the cause of action accrued (see, Bernstein v La Rue, 120 A.D.2d 476, lv dismissed 70 N.Y.2d 746).