Measom v. Greenwich & Perry Street Housing Corp.

I respectfully dissent in part. I find that the breach of the proprietary lease occurred more than six years prior to commencement of the action; defendant never waived the statute of limitations; defendant is entitled to dismissal of the claim for damages for breach of the lease as time-barred; and even if the breach of the lease is a continuing one as the majority found, the majority’s award of damages based upon the amount which plaintiffs paid for the cooperative to the sponsors, who have previously been let out of the case based *55upon the failure to timely commence the action against…