Legal Opinion

Sears, Roebuck & Co. v. Patchogue associates, LLC

Appellate Division of the Supreme Court of the State of New York

Decided August 16, 2011PublishedCited by 5 opinions

1Opinion of the Court

*630A breach of contract cause of action accrues, and the relevant six-year statute of limitations begins to run, at the time of the breach (see CPLR 213 [2]), which, as a general rule, “occurs when all of the factual elements necessary to maintain the lawsuit and obtain relief come into existence” (HP Capital, LLC v Village of Sleepy Hollow, 68 AD3d 928, 929 [2009]; see Ely-Cruikshank Co. v Bank of Montreal, 81 NY2d 399, 402 [1993]). Here, the defendant established its prima facie entitlement to judgment as a matter of law dismissing the complaint as time-barred by submitting evidence…

2Cases cited3 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  3. HP Capital, LLC v. Village of Sleepy HollowAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. East Hampton Union Free School District v. Sandpebble Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Mehdizadeh v. Mehbisar, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
  3. Pratt Paper (NY), Inc. v. Atlanta Gear Works, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
  4. Wright v. Emigrant Savings BankAppellate Division of the Supreme Court of the State of New York · 2013
  5. Wright v. Emigrant Savings BankAppellate Division of the Supreme Court of the State of New York · 2013

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