City Store Gates Mfg. Corp. v. Empire Rolling Steel Gates Corp.
Cases that cite this one
10 later published cases cite this decision.
- Vides v. Knapp's Landscaping, Inc. (Appellate Division of the Supreme Court of New York 2025)
- Murphy v. Jewell (Appellate Division of the Supreme Court of New York 2024)
- Pape Ventures, Inc. v. American Sports Media, L.L.C. (Appellate Division of the Supreme Court of New York 2022)
- Broecker v. Conklin Prop., LLC (Appellate Division of the Supreme Court of New York 2020)
- U.S. Bank N.A. v. Gordon (Appellate Division of the Supreme Court of New York 2018)
- CDx Labs., Inc. v. Zila, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Geotech Enterprises, Inc. v. 181 Edgewater, LLC (Appellate Division of the Supreme Court of New York 2016)
- NOTHNAGLE HOME SECURITIES CORP. v. BRUCKNER, TILLET, ROSSI, CAHILL (Appellate Division of the Supreme Court of New York 2015)
- Nothnagle Home Securities Corp. v. Bruckner (Appellate Division of the Supreme Court of New York 2015)
- Nothnagle Home Securities Corp. v. Bruckner (Appellate Division of the Supreme Court of New York 2015)
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
Here, the fifth, sixth, and seventh causes of action allege that the defendant Pablo Pintado, the owner of the appellant, breached duties owed to the plaintiff, who had employed Pintado (see generally Qosina Corp. v C & N Packaging, Inc., 96 AD3d 1032, 1033 [2012]; Wallack Frgt. Lines v Next Day Express, 273 AD2d 462, 463 [2000]). Since this action was commenced more than three years after Pintado left the plaintiffs employ and no longer owed such duties, those causes of action are time-barred (see generally Kronos, Inc. v AVX Corp., 81 NY2d at 94; cf. Scott v Fields, 85 AD3d 756, 759 [2011]).
Similarly, the eighth and ninth causes of action allege, in effect, conversion committed during the course of Pintado’s employment. Since a cause of action to recover damages for conversion accrues on the date the conversion occurs, and because Pintado’s employment with the plaintiff ended more than three years before the plaintiff commenced this action, these causes of action are also time-barred (see CPLR 214 [3]; Sporn v MCA Records, 58 NY2d 482, 488 [1983]; Davidson v Fasanella, 269 AD2d 351 [2000]).
However, the appellant failed to demonstrate, prima facie,
Accordingly, the appellant’s motion should have been granted as to the fifth through ninth causes of action insofar as asserted against it, and was properly denied as to the tenth through thirteenth causes of action insofar as asserted against it.
The plaintiffs remaining contention is without merit. Skelos, J.P., Dillon, Dickerson and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.