[*1]
Fox v Okin
2006 NY Slip Op 50098(U) [10 Misc 3d 143(A)]
Decided on January 9, 2006
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 9, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ
2005-128 OR C.

Joseph Fox & Karen Fox, Appellants,

against

Michele Okin, Respondent.


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.

Upon a review of the record in this small claims action, we find that plaintiffs' [*2]
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.
Decision Date: January 09, 2006