HAHN AUTOMOTIVE v. AMERICAN

No. 57.

18 N.Y.3d 765 (2012)

967 N.E.2d 1187

944 N.Y.S.2d 742

2012 NY Slip Op 2344

HAHN AUTOMOTIVE WAREHOUSE, INC., Respondent, v. AMERICAN ZURICH INSURANCE COMPANY et al., Appellants.

Court of Appeals of New York.

Decided March 29, 2012.


Attorney(s) appearing for the Case

Damon Morey LLP, Buffalo ( Michael J. Willett of counsel), for appellants.

The Wolford Law Firm LLP, Rochester ( Michael R. Wolford and Lea T. Nacca of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur. with Judge GRAFFEO; Judge READ dissents in a separate opinion in which Judges SMITH and PIGOTT concur.


OPINION OF THE COURT

GRAFFEO, J.

The issue on this appeal is whether the six-year statute of limitations applicable to the insurers' breach of contract counterclaims began to run when they possessed the legal right to demand payment from the insured or years later after they issued invoices. Under the terms of the insurance contracts in this case, we conclude that the counterclaims accrued when the insurers...

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