Opinion
May 25, 1984
Appeal from the Supreme Court, Onondaga County, Grow, J.
Present — Dillon, P.J., Denman, Boomer, Green and Schnepp, JJ. [ 119 Misc.2d 907.]
Judgment unanimously affirmed, with costs. Memorandum: We affirm for the reasons stated at Special Term. We add only that, concerning the defense of the Statute of Limitations, the respondents failed to state facts showing that the action was commenced more than four months after respondents' refusal, upon demand of the petitioner, to perform their duty.