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VIC CHAR REALTY, INC. v. ALLIANCE PLUS, INC.

26 A.D.3d 278 (2006)

810 N.Y.S.2d 152

VIC CHAR REALTY, INC., Respondent, v. ALLIANCE PLUS, INC., Formerly Known as RICHARD WILLIAMS AGENCY, Appellant, and THE TREIBER GROUP, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents. INSURANCE SERVICES OFFICE, INC., Third-Party Defendant-Respondent.

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

February 23, 2006.

The court properly found that plaintiff's breach of contract claim was not barred by the statute of limitations. The error constituting the alleged breach by Alliance occurred in 1997, when Alliance undertook to value plaintiff's property for purposes of obtaining replacement cost insurance (see Fortino v. Hersh, 307 A.D.2d 899 [2003]; Stevens v. Hickey-Finn & Co.,

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