Legal Opinion

Ely-Cruikshank Co. v. Bank of Montreal

New York Court of Appeals

Decided June 10, 1993PublishedCited by 267 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The determinative issue on this appeal is whether the plaintiffs breach of contract cause of action is barred by the Statute of Limitations. We hold that it is and thus reverse the order of the Appellate Division, grant defendants’ motion to dismiss and answer the certified question in the negative.

Plaintiff real estate broker and defendant bank agreed in writing in 1980 that all inquiries for the sale of the defendant’s building, located at 2 Wall Street, New York, New York, would "be referred to [Ely-Cruikshank], and all negotiations connected therewith…

2Cases cited12 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
  3. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
  4. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  5. Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937

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3Cited by267 opinions

  1. Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
  2. Republic of Philippines v. PimentelSupreme Court of the United States · 2008
  3. Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
  4. Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
  5. Gust, Rosenfeld & Henderson v. Prudential Insurance Co. of AmericaArizona Supreme Court · 1995

262 more not listed; retrieve them via the Exa API.

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