Hahn Automotive Warehouse, Inc. v. American Zurich Insurance

Peradotto, J. (dissenting in part).

I respectfully dissent in part. I cannot agree with the majority that Supreme Court properly determined that defendants’ breach of contract counterclaims for any debt that arose more than six years prior to the commencement of the action are time-barred. Rather, in my view, those counterclaims did not accrue until defendants demanded, and plaintiff refused to pay, premiums and other amounts owed under insurance contracts issued by defendants. I therefore would further modify the order by denying plaintiffs cross motion and granting those parts of defendants’…