Sears, Roebuck & Co. v. Patchogue associates, LLC
Appellate Division of the Supreme Court of the State of New York
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
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
- HP Capital, LLC v. Village of Sleepy HollowAppellate Division of the Supreme Court of the State of New York · 2009
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- Wright v. Emigrant Savings BankAppellate Division of the Supreme Court of the State of New York · 2013
- Wright v. Emigrant Savings BankAppellate Division of the Supreme Court of the State of New York · 2013