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Buffalo Municipal Housing Authority, Individually and on Behalf of All Others Similarly Situated v. Eljo Products, Inc., Also Sued as Eljo Products, Inc., Doing Business as Eljo Door Products
Order unanimously affirmed with costs. Memorandum: Supreme Court did not err in denying defendant’s motion for summary judgment.
There is a question of fact whether the parties’ contract is one for "services”, governed by the six-year Statute of Limitations (CPLR 213 [2]), or one for the "sale” of goods, governed by the four-year Statute of Limitations (Uniform Commercial Code § 2-725 [1]; see, Farm Automation Corp. v Senter, 84 AD2d 757; Back O’Beyond v Telephonic Enters., 76 AD2d 897; 1 Anderson, Uniform Commercial Code § 2-105:51 [3d ed]).
(Appeal from order of Supreme Court, Erie County, Rath, J.—summary judgment.) Present—Doerr, J. P., Boomer, Lawton, Davis and Lowery, JJ.