Bulova Watch Co. v. Celotex Corp.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
At issue on this appeal is the timeliness of a suit brought to recover damages for a roofing materials supplier’s failure to live up to its express promise to repair its so-called "bonded” roof for a period of 20 years from the date of sale. We hold that a cause of action accrues upon each breach of that undertaking which occurs within the 20-year period and that the Statute of Limitations runs after six years from the date when the particular breach for which any such suit is brought has taken place.
In 1952, plaintiff Bulova Watch Company contracted for the…
2Cases cited13 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- Mendel v. Pittsburgh Plate Glass Co.New York Court of Appeals · 1969
- Mittasch v. Seal Lock Burial Vault, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
- Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
- ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
- Deutsche Bank National Trust Co. ex rel. GSR Mortgage Loan Trust 2007-OA1 v. Quicken Loans Inc.Court of Appeals for the Second Circuit · 2015
69 more not listed; retrieve them via the Exa API.