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HANOVER SQUARE ANTIQUES, LTD., v. INSALACO

16 A.D.3d 258 (2005)

791 N.Y.S.2d 545

HANOVER SQUARE ANTIQUES, LTD., Doing Business as HANOVER SQUARE GALLERY, Appellant, v. DENNIS R. INSALACO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 22, 2005.

The claims for breach of warranty and fraud were untimely (UCC 2-725 [1]), since plaintiff commenced this action more than four years after the sale of the painting, when the causes accrued. Moreover, the contract did not fall within the future performance exception of UCC 2-725 (2), since there was no express warranty of future performance in the invoice of sale (Rosen v Spanierman, 894 F.2d 28 ...

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