Opinion
2005-128 OR C.
Decided January 9, 2006.
Appeal from an order of the Justice Court of the Town of Cornwall, Orange County (Joseph L. Thomson, J.), dated October 1, 2004. The order granted defendant's motion to dismiss the action as barred by the statute of limitations.
Order unanimously reversed without costs and defendant's motion to dismiss the action denied.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
Upon a review of the record in this small claims action, we find that plaintiffs' cause of action sounds in contract, and is consequently governed by the six-year statute of limitations. Accordingly, defendant's motion to dismiss the action as barred by the statute of limitations should have been denied.