American Barter Exch. v Ratzker

[*1] American Barter Exch. v Ratzker 2004 NY Slip Op 50223(U) Decided on March 31, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 31, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-779 S C

AMERICAN BARTER EXCHANGE, INC., Respondent,

against

JOEL J. RATZKER, Appellant.

Appeal by defendant from an order of the District Court, Suffolk County

(P. Barton, J.), entered on April 10, 2003, denying his motion for summary judgment dismissing the complaint.

Order unanimously affirmed without costs.

In this action for breach of a barter or exchange agreement, defendant moved for summary judgment dismissing the complaint on the ground that the action is barred by the six year statute of limitations. In opposition to the motion, plaintiff raised a triable issue of fact with respect to when the claim accrued. The transaction history report
indicates that there were transactions between the parties in February 1997 to September 1999 as well as prior transactions. Accordingly, the lower court properly denied defendant's motion for summary judgment. [*2]
Decision Date: March 31, 2004