Legal Opinion

Robb v. Low

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

Decided October 25, 2012Published

1Opinion of the Court

In this action arising out of the parties’ co-ownership of a residential building jointly owned by them as tenants in common, the motion court properly determined that the statute of limitations for breach of the co-ownership agreement began to run when plaintiff advanced payments to pay for defendant’s share of the expenses related to the property. Pursuant to the agreement, the party making such advances is entitled to recover from the defaulting party upon demand. Thus, plaintiffs claim accrued at the time he could have demanded repayment, i.e., when defendant breached the contract by…

2Cases cited1 opinion

  1. Sutton v. BurdickAppellate Division of the Supreme Court of the State of New York · 2010

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