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PRESIDING JUSTICE: Hon. Alan D. Scheinkman

Calltrol Corporation v. DialConnection, LLC (Westchester County, A. Scheinkman – 5/10/2016)
Commercial Division Examines Tolling of Statute of Limitations and Whether Transaction is Governed by the UCC
Justice Alan D. Sheinkman denied a motion to dismiss due to questions of fact regarding a statute of limitations defense. The defendant was licensed by the plaintiff to resell software. The Court held that questions of fact existed to as to whether partial payment was made by the defendant before or after the statute of limitations had expired and whether defendant issued written acknowledgment of the debt to the plaintiff with an intention to pay. The Court also ruled that further discovery was needed to determine whether the four-year (UCC) or six-year (CPLR) statute of limitation period applied to plaintiff’s breach to contract cause of action.

- Calltrol Corporation v. DialConnection, LLC, 2016 NY Slip Op 50765(U) (Sup. Ct., Westchester County May 10, 2016)

- Key Terms: Breach of Contract, Statute of Limitations, Motion to Dismiss, UCC

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