1250 Broadway, 27th Floor New York, NY 10001

COMPANY’S CONTRACT CLAIMS WERE FILED TOO LATE

MISSED SIX-YEAR STATUTE OF LIMITATIONS

After G&Y Maintenance started its case against McSam Hotel Group and others, alleging “breach of contract, account stated, breach of a fiduciary duty, fraud, and unjust enrichment,” the New York County Supreme Court ended up granting the defendants’ dismissal request.

And on appeal, the Appellate Division, First Department, noted that since G&Y’s claims arose back in 2013, and the action hadn’t been filed until 2020, they were time-barred -- because a six-year statute of limitations applied. [CPLR 213[2], [8]]

Given they could find no error, the AD1 left the dismissal undisturbed.

Time to run ….

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DECISION

G&Y Maintenance Corp. v McSam Hotel Group LLC

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