Greenman-Pedersen, Inc. v. Levine

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered November 14, 2005, which granted defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint and denied plaintiff’s oral application to amend the complaint, unanimously affirmed, with costs.

The stock purchase agreement contained a clause limiting to three years the time within which either party could bring an action for breach of contract. The agreement was signed on October 1, 2001 and went into effect eight days later. However, the instant action was not commenced until June 17, 2005, well after expiration…