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George E. Robb, Jr v. Mitchell Low

New York Supreme and/or Appellate Courts Appellate Division, First Department


October 25, 2012

GEORGE E. ROBB, JR.,
PLAINTIFF-APPELLANT,
v.
MITCHELL LOW,
DEFENDANT-RESPONDENT.

Robb v Low

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 25, 2012

Gonzalez, P.J., Moskowitz, Acosta, Freedman, Abdus-Salaam, JJ.

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered November 2, 2011, which, insofar as appealed from, granted, in part, defendant's motion to dismiss as time-barred the first and second causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing, unanimously affirmed, without costs.

In this action arising out of the parties' co-ownership of a residential building jointly owned by them as tenants in common, the motion court properly determined that the statute of limitations for breach of the co-ownership agreement began to run when plaintiff advanced payments to pay for defendant's share of the expenses related to the property. Pursuant to the agreement, the party making such advances is entitled to recover from the defaulting party upon demand. Thus, plaintiff's claim accrued at the time he could have demanded repayment, i.e., when defendant breached the contract by failing to make his share of the expenses and plaintiff made the necessary advances (see Sutton v Burdick, 75 AD3d 884 [3d Dept 2010], lv dismissed 15 NY3d 874 [2010]).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 25, 2012

CLERK

20121025

© 1992-2012 VersusLaw Inc.



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