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