1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 81 N.Y.2d
  5. 81 N.Y.2d 399 (1993)
 

ELY-CRUIKSHANK CO. v. BANK

81 N.Y.2d 399 (1993)

Ely-Cruikshank Co., Inc., Respondent, v. Bank of Montreal et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1993.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City (John L. Hardiman of counsel), and Fried, Frank, Harris, Shriver & Jacobson, New York City (Debra M. Torres of counsel), for appellants.

Stroock & Stroock & Lavan, New York City (Joseph L. Forstadt, Charles G. Moerdler and Randy L. Shapiro of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

BELLACOSA, J.

The determinative issue on this appeal is whether the plaintiff's breach of contract cause of action is barred by the Statute of Limitations. We hold that it is and thus reverse the order of the Appellate Division, grant defendants' motion to dismiss and answer the certified question in the negative.

Plaintiff real estate broker and defendant bank agreed in writing in 1980 that all inquiries...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases