Carr v. Lipshie
| Decision Date | 25 May 1961 |
| Parties | , 176 N.E.2d 512 Hi Z. CARR, d/b/a Carr Buying Office, Appellant, v. Joseph LIPSHIE et al. as co-partners d/b/a Joseph Lipshie Associates, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 8 A.D.2d 330, 187 N.Y.S.2d 564.
Civil action. The Supreme Court, Special Term, New York County, Henry Clay Greenberg, J., entered an order denying in part defendants' motion to dismiss the amended complaint. The defendants appealed.
The Appellate Division affirmed the order as modified and held that where the complaint alleged that services to be performed were services customarily performed by an independent auditor and that false entries charged to plaintiff's bookkeeper were not discovered by the defendants and reported to the plaintiff, the action complained of was not for a breach of contract but was for tort and hence the three and not the six year statute of limitations applied.
The plaintiff appealed to the Court of Appeals.
Judgment affirmed, with costs.
All concur.
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