Plaintiff sells to Defendant software packages for Defendant to package and resell to customers. The plaintiff does not dispute that the software packages are goods under the UCC. However, the contractual issue is whether the licensing agreements and subsequent payments fall under the UCC or common law. If under the UCC, the statute of limitations has run; but if under common law, the plaintiff still has time to sue.

Which is it? [Calltrol Corp. v. DialConnection, LLC, 2016 N.Y. Misc. LEXIS 1794]