Azulay v. Malul

Summary

The New York Appellate Division, Second Department, reversed a judgment awarding the plaintiff $111,284.08 for breach of contract. The court held that the claim accrued when the alleged breach occurred in 2005 and was time-barred under the six-year statute of limitations in CPLR 213(2), directing dismissal of the complaint.

Holdings

1. The action was time-barred because the alleged breach occurred in 2005 and the action was not commenced until 2014, more than six years later.
2. Defendants were entitled to judgment as a matter of law dismissing the complaint because the trial evidence established that the claim was barred by the statute of limitations.

Questions Presented

1. Whether the trial court erred in denying defendants' CPLR 4401 motion for judgment as a matter of law where the evidence established that the alleged breach occurred more than six years before the action was commenced.

Disposition

reversed