Tischler Roofing & Sheet Metal Works Co. v. Sicolo Garage, Inc.

This action to recover for breach of contract of bailment of plaintiff’s automobile is governed by the three-year negligence statute (CPLR 214, subd. 4) and not the six-year “contractual obligation or liability” statute (CPLR 213, subd. 2). While the bailment transaction arose in contract, the obligation or liability is the common-law duty of due care and the grounds of recovery are defendants’ negligence. In determining the applicable Statute of Limitations, the courts look to the basic essentials of recovery. If the gravamen of the cause of action is predicated on a tort, the three-year…