STECHER v. 85TH ESTATES COMPANY


43 A.D.3d 732 (2007)

843 N.Y.S.2d 6

ROBERT STECHER, Appellant, v. 85TH ESTATES COMPANY et al., Respondents.

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

Decided September 20, 2007.


The motion court erroneously dismissed the second and third causes of action, which it stated are based on a purported 1992 agreement, as time-barred. Such causes, however, are based on defendants' refusal to offer plaintiff a renewal lease when his original lease expired on January 31, 2004. It was this refusal that was the breach that triggered the running of the statute of limitations. Thus, this action, which was commenced some four months later, was timely commenced...

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