Legal Opinion

Demian v. Calmenson

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

Decided December 5, 2017No. 151515/14 5130A 5130PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Robert R. Reed, J.), entered August 1, 2016, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about April 14, 2016, which, among other things, granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court correctly ruled that plaintiff’s claims, brought in 2014, are time-barred. Any claim for breach of contract or breach of the covenant of good faith and fair dealing…

2Cases cited5 opinions

  1. Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
  2. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  3. Henry v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 2017
  4. Susman v. Commerzbank Capital Markets Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Eisen v. FederAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Abdulaziz v. McKinsey & Company, Inc.District Court, S.D. New York · 2021
  2. Frydman v. Endurance Am. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2025

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