A defendant moved for partial summary judgment dismissing the plaintiff’s claims with respect to six properties that were at issue (properties). The plaintiff opposed the defendant’s motion and cross-moved for an order dismissing the defendant’s “second and third affirmative defenses of Statute of Limitations (SOL) and laches….”

The plaintiff was a “partner/investor” with the defendant in a series of partnerships whose purpose was to “purchase, improve and sell certain real estate.” The “specific terms of the partnerships were oral, not written.” The defendant was to make “improvements” to the properties. The parties had agreed that the defendant would be reimbursed for expenses incurred in making such improvements. The parties were to “split any profits remaining from the sale proceeds.”