Senter v. Gitlitz
Cases that cite this one
2 later published cases cite this decision.
- Meadowbrook Farms Homeowners Ass'n v. JZG Resources, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Meadowbrook Farms Homeowners Ass'n v. JZG Resources, Inc. (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendants moved, inter alia, for summary judgment dismissing the plaintiffs breach of contract cause of action as time-barred. A breach of contract cause of action accrues, and the relevant six-year statute of limitations begins to run, at the time of the alleged breach (see CPLR 213 [2]; 6D Farm Corp. v Carr, 63 AD3d 903, 907 [2009]). Here, the defendants failed to
The defendants also failed to demonstrate, prima facie, that the cause of action alleging breach of fiduciary duty was time-barred, since the alleged acts upon which the cause of action was predicated occurred in 2009, approximately two years prior to the commencement of the present action (see CPLR 213 [1]; 214 [4]; see generally Carbon Capital Mgt., LLC v American Express Co., 88 AD3d 933 [2011]; Wiesenthal v Wiesenthal, 40 AD3d 1078, 1079-1080 [2007]). Accordingly, the Supreme Court also properly denied that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging breach of fiduciary duty as time-barred.
The defendants’ remaining contentions are without merit. Skelos, J.P., Florio, Belen and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.